Why Should I Consider Mediation For My Divorce?
Mediation allows separating or divorcing couples to take control of planning their own lives, and allows them an environment in which to make good decisions about their future. It is especially beneficial for parents, who through seperating, will need to continue making joint decisions about their children well into the future. The decision-making process learned in mediation can serve as a model for future communications. Also, mediated settlements have a consistently higher compliance rate because the husband and wife have created their own settlement.
What Does The Mediator Do?
A mediator is a neutral party trained to help couples resolve the issues in divorce cases. The mediator helps the couple explore their options, and brings knowledge and experience that provides a context for decision making. When necessary, the mediator will refer the couple to third party experts for services such as appraisals.
How Does The Process Work?
The couple and the mediator meet in a series of mediation sessions, usually 1 - 2 hours long.
1st Meeting: The couple and the mediator identify the issues needed to be discussed and the order in which to discuss them, then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or if necessary, the opinions of experts such as appraisers or accountants.
Further Meetings: Discussions revolve around how to compromise on the various issues in order to meet the needs of both parties. The mediator assists by providing information about the court system and common ways divorce issues are resolved.
The Agreement: When an agreement has been reached on all issues, the mediator drafts the agreement for review by each of the parties and their attorney, if any.
How Do The Court Papers To Start & Finish The Divorce Get Filed?
If the mediator is an attorney, the attorney can assist the parties in filing all papers with the court, including starting the dissolution of marriage action, preparing and filing the necessary disclosure documents, and preparing the agreement, judgment, and final papers to be filed with the court.
Will We Have To Appear In Court?
No. No court appearances are necessary by either party.
How Long Does It Take?
Every case is different, but the average case usually takes at least 3 two hour mediation sessions, spread out over at least a month or two. More complex cases can take four to six months.
What Will The Mediator's Services Cost?
The parties can each expect to pay $200 per hour for the mediation sessions, with most cases requiring at least three or more two hour sessions. Couples who have the mediator prepare the necessary court filings, agreement and judgment pay additional fees for those items. Reduced fees are available for couples who qualify.