Mediation is a process by which a trained, neutral professional guides the parties through the decisions necessary for their divorce settlement (or any settlement). Mediation can be used for many other types of matters as well, like business disputes or probate matters. Mediation usually is conducted in a series of meetings, typically at the Mediator’s office.
Divorce mediation typically results in a divorce settlement agreement covering the issues necessary for the parties’ judgment of divorce. However, mediation is a flexible process – if the parties only wish to mediate a single issue, they can. (Examples of “single issue mediation” include alimony, the marital home or a parenting time schedule). Also, in mediation, the parties can tackle sensitive or complex issues in privacy and with a high degree of creativity. Mediation can resolve many types of matters. Courts are bound to precedents, relatively rigid rules and often limited topics. In mediation, parties often are able to structure agreements that are far better for their needs than a court can achieve. The final outcome is an agreement which both parties say “yes” to.
EARLY STAGE MEDIATION
Unlike the “court battle” approach, in a “pre-filing” divorce (before a case has been filed) mediation the parties can work at their own pace and, most importantly, the final decisions rest in the parties’ own hands. This more relaxed form of mediation is referred to as “Facilitative Mediation.” In facilitative mediation, the mediator structures a process to assist the parties in reaching a mutually agreeable resolution. Facilitative mediators want to ensure that parties come to agreements based on information and understanding. They predominantly hold joint sessions with all parties present so that the parties can hear each other's points of view, but can also meet separately. They prefer that the parties have the major influence on the decisions made, rather than the parties’ attorneys.
Mediation is conducted on an hourly basis. It is our experience that early stage divorce mediation results in significantly lower costs than traditional divorce litigation. Studies have shown that parties report much higher personal satisfaction with mediated divorce settlements. In our view, the value of keeping your personal life and finances out of the public eye, sharing information in privacy and modeling good problem-solving skills sets a tone for the parties’ future (and for children) which is priceless.
The mediator serves as a true “neutral” facilitator of the parties’ own agreement. As a result, the mediator cannot represent either party in the “court phase” of entering their final judgment. However, once a divorce settlement is signed, the court phase is typically quite routine. Many attorneys will offer significantly reduced fees to “write up” and enter a mediated settlement through the court.
LATE STAGE MEDIATION
Even after a court case has been filed, mediation almost always remains an option. Mediation conducted as the trial date draws near is fairly common, but of course is conducted at a time when the pressures of time, stress and expense of a looming trial may be at their peak. Still, even on the eve of trial, many cases can be mediated to successful conclusion, sparing the parties the added stress and substantial expense of trial. Late-stage mediation is often referred to as “Evaluative Mediation.” Evaluative mediation is a process similar to settlement conferences held by judges. An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge would be likely to do. Evaluative mediators meet most often in separate meetings with the parties and their attorneys, practicing “shuttle diplomacy”.
COST OF MEDIATION
The total fees will vary depending on how many sessions are needed and whether any optional services are required. The current list of fees and costs for mediation services is available upon request. Mediation fees are based on hourly charges and paid on a retainer basis, usually “per session.” Drafting fees are required to be paid before drafting services are undertaken.
All of our Attorneys are trained and qualified Mediators
Contact us to set up a Mediation Consultation.
