Mediation

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In Mediation both spouses use one person - the Mediator – to address and resolve their issues. It is an open process. All information is shared. The Mediator should not favor either spouse. The Mediator should inform the parties of their rights and of the law applicable to their case, work with them to resolve their issues and disputes, and enable them to come to an informed and negotiated agreement. After reaching an agreement, the terms are written up in a settlement agreement and an uncontested divorce based on the mediated settlement agreement is then filed with the court by the Mediator and the divorce is concluded. The parties do not have to go to court.

The Mediation will address all the issues of the marriage - custody and parental rights, financial and property rights, child support, maintenance (also known as alimony), and equitable distribution which is the division of the property and responsibility for the liabilities. When the issues are resolved, a settlement agreement with all the details of the agreement is signed and the case is then filed with the court as an uncontested divorce. The parties will not have to go to court. 

The Mediator handles the entire matter. To do this properly, the Mediator should be fully knowledgeable and experienced in the practice of divorce law. The parties can, if they choose, have their own independent attorney represent them through the process.

Mediation is often the best and most cost-effective way to divorce. Even where there is significant disagreement at the outset, it can be resolved through mediation. It works in high income and asset cases as well as cases where the parties’ means are modest. 

Mediation works for spouses who genuinely want a fair result and who do not want to waste their money. 

Some issues may be more difficult to resolve than others such as complicated custodial and financial issues over which the parties have significant disagreement. Yet they can be settled favorably – and smartly – through Mediation. 

Through a thoughtful consideration of the facts, the relevant documentation, the parties’ positions, and by providing a clear explanation of the applicable law and an understanding of what a Court would do in such circumstances, the parties are empowered to reach an agreement. An agreement on their terms instead of one imposed by a court after spending a great deal of money, time and stress for a result that may in the end be the same as a negotiated agreement, or worse, one that is less agreeable to both parties. Mediation enables parties to chart their own course and reach an agreement that works for them - and to do it at a fraction of the cost. 

The settlement agreement is the final product and is of most importance. The settlement agreement is a binding contract that the parties must abide by. It contains all of the terms of the settlement. Those include the terms of custody and parental rights, financial and property rights, support, and all the other terms of their agreement. The parties will have to live with those terms for many years to come and long after the divorce is concluded. It is of the utmost importance that the agreement be done right.

When done correctly by an experienced divorce attorney, Mediation is divorcing smart. The benefits of a mediated divorce are many – Fair Results, Cost, Control, Less Stress, Knowing Result,  Time, Convenience.

Fair results. When a mediation is done by an experienced divorce attorney, the parties can be assured that they will be getting the right result – one that is based on the law, that is fair, and is right for them. 

Cost. Mediation costs much less than a contested divorce. The Mediation process gets to the right result at a fraction of the cost of a Contested Divorce. Mediation leaves more money and property for both parties. You don’t have to share your family’s assets with divorce lawyers when it is not necessary. Contested Divorces often end with the same settlement that could have been reached in a mediation. Now, more than ever, with money being tight, don’t waste it on a contested divorce when it is not needed.

Control. Mediation enables the parties to control the divorce process and most importantly, the divorce agreement. It removes the unknown of what a Court might do.

Less Stress. A mediated divorce is much less stressful than a Contested Divorce. A Contested Divorce means going to court, stressing over court decisions and attorney fees, arbitrary deadlines, etc. Many people say that being in a Contested Divorce feels like a dark cloud following them around. Contested divorces typically create additional animosity between the parties and a great deal of stress for the children. This is especially so in contested custody cases. It is often the children who suffer the most and are negatively impacted by contested litigation. 

Knowing Result. When a mediation is done by an experienced divorce attorney, the necessary facts will be obtained and the parties will be informed on the law and processes applicable to their circumstances. All questions will be answered. Not only will the result be right but it will feel right. 

Time. A Mediated divorce can be done quickly. And a contested divorce typically requires the parties to allocate a lot of time to the process and the rigid times are controlled by the courts and attorneys. Parties to a Contested Divorce have to miss work for court appearances, depositions and other proceedings and there are deadlines that have to be met. The time and effort to mediate a divorce is much less than a Contested Divorce.   A properly Mediated Divorce gets to the right result quicker and with far less interruption of work and personal time. 

Convenience. Divorce in the way that works best for you and your family and with much more control over every aspect of the process and the outcome. The Mediation process is far more flexible than a Contested Divorce. To put it simply, mediation is better and cheaper for people who want a fair result and would rather keep their money and property for themselves rather than wasting it on attorney fees.