Frequently Asked Questions

What is Divorce Mediation?

When couples divorce, they need to reach agreements on a variety of issues -- how they will share time with their children, how they will divide their assets and liabilities, and how their family will be financially okay once they are separated. The mediator is a conflict resolution specialist who acts as a neutral third party, facilitating a conversation between the couple to reach agreements. The mediator helps the couple explore their options, work through conflicts that arise, ensure they have the information needed to make informed decisions, and put their agreements in writing. The process is designed to assist couples in producing a fair arrangement which is in the best interest of the entire family. 

Why choose Divorce Mediation over the traditional adversarial divorce process?

The four most common reasons people choose mediation are:

1. Reduced Cost: Instead of paying two attorneys to negotiate an agreement with or for you, couples use one mediator who facilitates a conversation to help you reach your own agreements. Most couples share the cost of a single mediator (although co-mediation is available if desired). The Center offers a sliding fee scale of hourly rates based on the parties' ability to pay with an average rate of $150 per hour. Most couples meet with the mediator three to six times, including a final meeting to review the agreement and make final changes. Total hours average ten to twelve including preparation of the written document. Even with attorney's fees for review and filing, mediating a divorce is usually much less than attorney-negotiated, collaborative or litigated divorces. 
2. Reduced Time: The time required to complete a divorce through mediation is established by the couple based on their availability to meet, the time they need to make decisions and reach agreements, and how quickly or slowly they wish to go. In comparison to having to coordinate numerous schedules to negotiate a divorce with attorney assistance or await court dates in an adversarial process, mediation takes most couples a matter of weeks to complete three to six meetings. 
3. Increased Control: Rather than turning decision-making over to a third party and living with the outcome, in mediation you choose what is best for you and your family. After all, who is a better expert on your life than you? Making your own choices also means you understand your reasoning in reaching agreement, making it more likely you and your spouse will follow through after the divorce. 
4. Reduced Stress: Divorce is one of the most stressful life experiences for adults and children. While mediation cannot eliminate stress, reducing stress for the entire family is a common result. Most people are afraid of what the outcome of their divorce will be and what the other party might do. As couples mediate, issues are discussed openly and decisions made together so everyone is clear about expectations and outcomes. The reduced time it takes to complete mediation means families can move forward with their lives more quickly and begin the process of healing. And having the opportunity to have difficult conversations facilitated by a mediator can help parents reach agreements without children present, reducing the stress-producing and harmful effects of prolonged conflict on children.  

How can parties involved in a divorce communicate civilly through Divorce Mediation?

Our mediators are trained to facilitate conversations and to promote a shift from dwelling on the past to focusing on a successful future for each of the parties and if applicable, their children.  Since the mediators are neutral and do not attempt to establish the rights and wrongs of the past, they create an atmosphere which encourages positive change and win-win solutions. 

What issues are usually discussed in Divorce Mediation?

The most common issues are parenting, division of assets and liabilities and support arrangements. This includes child custody, parenting schedules, child support, equitable distribution of property, and awards of spousal maintenance. Any other issues of concern between the parties can also be addressed during the mediation process. All issues addressed during the process are included in a Memorandum of Understanding which summarizes the agreements reached in mediation.

If I use Divorce Mediation, will I need a lawyer?
 
The mediation process, if successful, will result in a Memorandum of Understanding which memorializes the parties’ agreement on all aspects of their divorce. Parties are encouraged to have their independent attorney review this document and discuss any issues or concerns they may have. Mediation-friendly attorneys can be recommended by the Center if you do not have an attorney you are currently working with. After the parties are satisfied that all their questions or concerns are answered, one of their attorneys or an attorney affiliated with the Center, can act as a scribe and convert the Memorandum of Understanding into an agreement to be filed with the court.  If at any time during the mediation process, either party decides they desire an attorney for any reason, they can consult with an attorney or retain counsel and stop the mediation process.

Can Mediation be used for disputes other than divorces?

Yes. Mediation can be used to resolve all types of disputes or potential disputes.  It has been used to resolve employment issues, family crisis, conflict between congregations and pastors, denominational leaders and/or congregational staff, reconciliation between individuals,  construction, corporate, partnership and real estate disputes, customer disputes, club members, and any other issues which arise in family, business, community, school, religious entities, or social arenas. Contact us and we will be glad to tailor a conflict resolution option to help you or your organization in dealing with conflicts which may be an impediment to your success. 

For more information, contact us today: info@mediationctr.com.