What is Mediation?
Mediation is a process where the parties come together, with a neutral third party, to resolve issues or conflict. In a divorce the issues generally revolve around property division, child custody and support, and spousal support. Often, there has been a breakdown in communication making it difficult for the parties to agree on the issues or even talk about them. During mediation, I help the parties clarify and communiate their needs so that they can reach an agreement which everybody is comfortable with.
The pitfall in a conventional divorce proceeding where each side has an attorney advocate, is the escalation of hostility, ultimately leading to a relationship even more strained and difficult than prior to starting the proceedings. While the mediation process is often difficult, it is the parties' best chance to preserve at least a cordial relationship after the divorce is final. This is especially important where there are children, as it is much easier on the children when their parents can get along.
What About the Law?
While the state has laws about the division of property, custody, and support, the parties can choose to come up with an agreement that suits their unique situation. Creativity is encouraged and you will have the opportunity to come up with solutions that a court, on its own, could not order.
However, it can be useful to understand how what the laws are in making the decisions that culminate into the agreement. During the mediation process, I will inform you of the basics of family law, but will not advocate for either party or make recommendations based on the law. In some cases, it is helpful for one or both parties to have a consulting attorney to fully clarify one's "rights" under the law. I also advise that the parties each have an attorney review the Marriage Settlement Agreement prior to finalizing and signing it.
How Long Does it Take and What Are the Costs?
The number of mediation sessions varies depending upon the complexity of the issues, but generally there are between four and eight sessions. Sessions are booked for two hours, though if only an hour is used, you are only billed for the hour. Each session is paid for at the end before the parties leave.
You may prepare and file your own documents, or I can do it for you. If you do your own, I will still prepare the Marriage Settlement Agreement for you and bill you for the time it take to prepare it. If I prepare and file your documents, I will ask for the filing fees up front and bill you for the time it takes me to prepare the documents and file them.
Generally, it is faster and less expensive to mediate than to litigate.