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.
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
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.
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