Frequently Asked Questions
 
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How long does it take?

Can I hire a lawyer too?

What is the role of the mediator?

What are the costs involved?

How long does it take?
Because mediation leads to an out-of-court settlement, you are not dependent upon court calendars, which are frequently backlogged. Thus, the time it takes you to resolve the issues in your divorce may be significantly reduced. Communicating directly with each other with the help of a mediator trained to facilitate problem-solving and communication, may also help you coparent and handle family issues successfully in the years after your divorce. Even couples who experience high conflict during this stressful time can often successfully mediate their divorce with the help of a skilled mediator. Because mediation is a confidential process, you may be more comfortable communicating in this private setting rather than in court. Most importantly, because you have reached agreements voluntarily through mediation, you and your spouse are more likely to abide by and honor these agreements.

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Can I hire a lawyer too?
You may engage a consulting attorney to advise you during the process or to review the final agreement before you sign it. In certain situations, you may wish to have the attorney attend mediation sessions with you. Mediation requires both parties to voluntarily disclose assets and debts, as well as income and expenses, so that an equitable agreement can be reached. If you have reason to believe that your spouse is hiding important information, you may need an attorney to do formal discovery, such as requesting documents or taking a deposition of your spouse or third parties who may have knowledge about assets or income before reaching agreement on these issues. Formal discovery is unusual in mediation, but can be used if you and your spouse agree. If you choose mediation, both you and your spouse will meet together with a neutral third party who will help you resolve your custody, property, and support issues and obtain a legally binding Judgment of Dissolution. In addition to dealing with the legal and financial issues, an effective mediator is trained to help you and your spouse:
  • Address underlying emotional issues
  • Communicate more effectively
  • Explore a wide range of settlement options
  • Reach decisions that will work best for you and your family
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What is the role of the mediator?
In mediation, you will make your own decisions in a private setting. Unlike a judicial officer, the mediator does not make decisions for you. Instead, he/she will help you explore alternatives so you can arrive at your own mutually agreed upon solutions, tailored to the specific needs and wishes of you and your family.

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What are the costs involved?
Mediation is usually less expensive than adversarial representation. By voluntarily exchanging important financial information and jointly retaining experts when necessary (such as accountants, child custody specialists, appraisers, etc.), and by avoiding expensive trial preparation and court appearances, legal fees can be greatly reduced. See "How do attorneys charge for their time?" in MEDIATION

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