FREQUENTLY ASKED QUESTIONS

What can I expect if I decide to do mediation?

The goal of divorce mediation is to reach an agreement that will be put in writing which incorporates all of the intentions and understandings reached by the parties in mediation. The mediator will guide the parties through a multi-step process that begins when the parties retain the mediator: acquiring information necessary to address the issues, defining the issues and developing options and alternatives, helping the parties to work together to reach agreements on these issues, and resolving the disputes or issues.

It is our goal to mediate the terms to be incorporated into the final written agreement in the most efficient amount of time, usually 2-6 hours. Please understand that this depends on the issues to be resolved, how complicated the issues are, and whether the parties are in agreement on none/some/most/all of the issues. The more issues that are unresolved going into mediation, the longer mediation can take. Regardless, mediation takes less time than litigation and trial.

How long does mediation take?

How long does mediation take?

It is our goal to mediate the terms to be incorporated into the final written agreement in the most efficient amount of time, usually 2-6 hours. Please understand that this depends on the issues to be resolved, how complicated the issues are, and whether the parties are in agreement on none/some/most/all of the issues. The more issues that are unresolved going into mediation, the longer mediation can take. Regardless, mediation takes less time than litigation and trial.

How much does mediation cost?

The mediator's fee is $250.00 per hour. The parties usually split the fee between them, or one party may pay the entire fee. Contact us for our flat rate fee for preparation of the Marital Settlement Agreement and/or assistance with the documents required for filing with the court.

Once the parties have reached agreement on the issues, the mediator will prepare a final written legal document that the parties can file with the court or take to their respective attorneys for review. Even if attorneys are not hired to handle your divorce, both parties may still consult with an attorney to review the settlement agreement to insure the parties understand their legal rights and responsibilities.

Who prepares the final written agreement that we file with the court?

Who prepares the final written agreement that we file with the court?

Once the parties have reached agreement on the issues, the mediator will prepare a final written legal document that the parties can file with the court or take to their respective attorneys for review. Even if attorneys are not hired to handle your divorce, both parties may still consult with an attorney to review the settlement agreement to insure the parties understand their legal rights and responsibilities.

Can we get a divorce without using lawyers?

An attorney is not required for the parties to obtain a divorce. Divorce and Mediation Center can handle your divorce from beginning to end. However, attorneys may be necessary depending on the particular circumstances of your situation. Upon the initial telephone consultation, we will assess your specific situation and determine if our services can benefit you.

Child support, parental responsibility, time-sharing, parenting plan, visitation (parental/nonparental), school, college, distribution of property (ie: family home), payment of debts, spousal support (alimony), health insurance, life insurance, retirement funds, etc.

What issues are typically resolved in mediation?

What issues are typically resolved in mediation?

Child support, parental responsibility, time-sharing, parenting plan, visitation (parental/nonparental), school, college, distribution of property (ie: family home), payment of debts, spousal support (alimony), health insurance, life insurance, retirement funds, etc.

Can the mediator act as our attorney in the mediation?

No. The mediator's role is to be neutral throughout the mediation process and following the mediation. The mediator cannot provide any legal or tax advice to the parties.

Divorce Mediation can be much more beneficial to your children than a long court battle. It tends to prevent heated custody battles and harsh fighting among the parties, which can ease your child's distress. The mediation process enables you to decide what is best for your children instead of a stranger (the judge) deciding it for you. Issues resolved in mediation affecting the children include, but are not limited to, timesharing, child support, visitation, and parenting plan. Further, it gives your children the opportunity to see their parents are able to work together for their children.

How will divorce mediation affect my children?

How will divorce mediation affect my children?

Divorce Mediation can be much more beneficial to your children than a long court battle. It tends to prevent heated custody battles and harsh fighting among the parties, which can ease your child's distress. The mediation process enables you to decide what is best for your children instead of a stranger (the judge) deciding it for you. Issues resolved in mediation affecting the children include, but are not limited to, timesharing, child support, visitation, and parenting plan. Further, it gives your children the opportunity to see their parents are able to work together for their children.

Do I need to get a separate lawyer to complete the paperwork?

It depends on which divorce mediation firm you choose. When you work with Divorce and Mediation Center, we can complete your formal settlement agreement and can also prepare your actual uncontested divorce documents based on the terms of your settlement agreement.

Suggested Readings

Getting Past No: Negotiating Your Way from Confrontation to Cooperation by William Ury, February 1993. ISBN #978-0553371314
Getting to Yes by Fisher and Ury, published by Penguin. ISBN#978-0143118756
The Divorce Mediation Answer Book: Save Time, Money, and Emotional Energy With a Mediated Separation or Divorce by Delores Deane Walker and Carol A. Butler, January 1999. ISBN#978-1568362526
The Good Divorce by Constance Ahrons, PhD, published by Harper Collins. ISBN#978-0060169732