What
are the benefits of choosing Divorce Mediation over litigation?
While the goal of divorce mediation
is to produce an agreement, mediation also:
¨
takes less time than typical divorce
litigation, so you can move ahead with your life.
¨
costs less than litigation.
¨ allows you to control the decisions that affect your life.
¨
provides for flexible, personalized
solutions in agreements.
¨ benefits children and others by reducing conflict.
¨ avoids public disclosure of financial and personal matters because it is confidential.
¨ promotes communication and cooperation, now and in the future.
How does Divorce Mediation work?
In Divorce Mediation, a specially trained mediator will meet with you
and your spouse and help you work together to reach agreement. Mediators also help couples with children
separate their spousal role, which is ending, from their parental role, which is continuing.
With the mediator’s help, agreements are reached that
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.
If one party seems to be more powerful or a better negotiator, the mediator helps balance the power.
Mediation is also for couples who do not have
children, or whose children are grown.
Will I need an Attorney?
Once agreement is reached,
the mediator will have an attorney case consultant draft the Legal Separation Agreement based on decisions reached by the
couple during mediation. Each party is encouraged to have the draft agreement reviewed by an independent
attorney before signing it. The signed agreement becomes a binding contract and may then be used as the
basis for an uncontested divorce. The cost of hiring an an attorney to review the agreement is significantly less than
hiring an attorney for litigation.
What is
decided & how?
The
couple and mediator have an initial consultation, at which the mediation process is explained in detail. At
subsequent sessions, the couple, with the help of the mediator, begins to discuss their concerns. They
gather any necessary financial or other data needed to make decisions. Step by step, they make decisions
about the type of agreement they want. During this process, care is taken to make sure that the needs of
all family members are considered.
Agreements made in mediation include
the same points any divorce process addresses:
¨
division of property
¨ parenting arrangements
¨
child support
¨
spousal maintenance
¨ tax implications
¨
ways to avoid future problems
In addition, the couple can discuss any other points
they feel are necessary, such as grandparent or other family member access to the children, special circumstances, detailed
parenting plans, how future disagreements will be handled, etc.
How long does Divorce Mediation take & what does it cost?
The initial free consultation takes 30-40 minutes. Subsequent
mediation sessions last one to two hours each. Sessions are usually scheduled a week or two apart.
The average case takes 4 full sessions (6-8 hours). Unlike the court process, mediation does
not drag on indefinitely.
Mediation time is charged on an hourly basis, payable at the beginning of each mediation session. Attorney
fees for drafting the Legal Separation Agreement range from $700—$1200 and are paid separately. The couple decides
how to share these costs.
There may be additional fees if the couple chooses to consult with other professionals as part of the mediation (e.g.
accountants, real estate professionals, child psychologists) and individual attorneys for final document review.
Even with any additional
fees, the cost for a mediated settlement will be considerably less than the both parties' cost for a litigated settlement,
and is always controlled by the couple.
How
do we get started?
Contact Inspired Solution Mediation Services by phone, e-mail
or by completing a request form to schedule a free, 30 minute consultation. Find out how mediation can help you separate
or divorce while maintaining control over decisions affecting you and your family, keeping your parenting roles intact and
significantly reducing the financial burden of separation and divorce.