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If you have decided to separate or divorce, mediation is the better alternative to costly legal battles.
Here are answers to questions people often ask about divorce mediation.
Why Choose Divorce Mediation?
Separation and divorce are among the most painful and disruptive events that an individual and family can experience. The problems are both financial and emotional, deeply touching all members of the family.
Mediation aims at reducing this tension, not increasing it. With the help of the mediator, couples negotiate their own settlement and learn the techniques for resolving future differences. Mediation is for couples who want to retain control over the decisions that affect their lives and don't want their children caught in the middle.
Mediation is not just for couples who already know how to cooperate. Mediators show people how to work together productively in spite of their anger.
During mediation other professional services are sometimes needed. The Center maintains a wide network of consultants including accountants, lawyers, financial planners, career counselors, psychotherapists and child psychologists.
How Does Divorce Mediation Work?
In Divorce Mediation, a specially trained mediator will help you and your spouse work together to reach an agreement. Mediators help couples separate their spousal role, which is ending, from their parental role, which is continuing. Couples learn to evaluate their present financial condition and provide for their future financial needs.
With the mediators help, agreements can be reached to handle both immediate and long range concerns. The mediator will focus on the relevant issues and help identify possible options. You will actively participate in the negotiations leading to reasonable solutions and a mutually satisfactory agreement that considers the needs of all family members.
The divorce mediator’s job is to help a couple arrive at a fair and satisfactory settlement, with no winner or loser. The mediator is not an advocate for either party and does not make any decisions. Instead, the mediator helps the couple explore all options and their consequences. The mediator works to ensure that neither party gives away too much, nor dominates the other. Even though one party is more powerful or a better negotiator, the mediator helps to balance the power.
Mediation is also for couples who do not have children or whose children are grown.
Will I Need an Attorney?
After mediation, an attorney case consultant will draft the legal agreement which becomes a binding contract. Most often each party then has the agreement reviewed by their own independent attorney before signing it. The agreement may then be used as the basis for an uncontested divorce.
| "We need to consider moving some cases from trial by battle in the courtroom, to mediation. Divorce, child custody are prime candidates."
Hon. Warren E. Burger
Former Chief Justice
U.S. Supreme Court
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What Points Are Decided?
Division of Property
Parenting Arrangements
Child Support
Spousal Maintenance
Tax Implications
Ways to Avoid Future Problems
What Are the Steps Involved?
At the first session the mediation process is explained in detail. After this, the couple, with the help of the mediator, begin to discuss their concerns. Then they gather any necessary financial data. Step by step, they make decisions about the type of agreement they want. During this process, care is taken to make sure that t he needs of all family members are considered.
These mediation sessions usually last from one to two hours. Once a tentative agreement has been reached, a formal agreement is drafted by an attorney case consultant.
How Long Does it Take &
What Is the Cost?
Sessions are usually scheduled a week or two apart. While it can take as little as 2 hours, the average length of time it takes to reach an agreement is 6-12 hours. Unlike the court process, mediation does not drag indefinitely. Mediation time is charged on an hourly basis. Fees are based on a sliding scale. The cost for mediated settlement, including the cost of attorney review, will usually be less than the cost of a litigated settlement.
What Are the Benefits? While the goal of mediation is to produce agreement, mediation also:
takes less time, so you can move ahead with your life.
costs less.
allows you to control the decisions that affect your life.
benefits children and others by reducing conflict.
Avoids public disclosure of financial and personal matters because it is confidential.
promotes communication and cooperation.
Who Are the Mediators?
All mediations are conducted by experienced matrimonial attorneys or family therapists who have special training in divorce mediation which includes matrimonial law, financial planning, taxes, and the emotional effects of divorce on adults and children. More information about Center Mediators? Click on this link: 
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