Frequently Asked Questions
Why Should I Consider Mediation?
In addition to dispute resolutions, clients will gain valuable skills for better communication and cooperative problem solving that are essential to the success of their future relationship. Since the outcome is primarily the responsibility of the two parties rather than that of their respective lawyers or a judge, the couple is in charge of the process as long as the mediation is in progress. They can reach an agreement that is very different from what a court might otherwise impose, therefore they are more likely to follow through on settlements they have negotiated directly. The parties have the responsibility for carrying out any agreement made between them to avoid future conflict. Issues will be resolved in a way that suits the clients best and enables them to directly affect the outcome. Mediation is much less expensive and less time consuming than the court process therefore lessening tensions and removing an adversarial atmosphere.
If we mediate will we still need a lawyer?
It is important for both parties to have their own lawyers so each party can obtain independant legal advice on your rights and entitlements. Although your lawyers will not control the mediation process, they will review and finalize the agreement you have reached.
Cost of Mediation
Not only does mediation reduce the emotional strain of family disputes, it also serves to ease the financial strain of separation.
The more straightforward and less argumentative the parties are in reaching a settlement, the lower the cost of mediation. An average mediated settlement may cost approx. $1,500 - $2,000, however, more complex cases may cost more and cases with only one or two straightforward issues may cost less. Significant money will be saved if parties come prepared and organized to mediation appointments.
Mediation appointments are charged hourly and paid at the end of each meeting. There is an additional fee for the completion of the Memorandum of Understanding.
The cost of mediation is usually shared equally by the parties, but sometimes other arrangements are negotiable as part of the final settlement.
Please contact me for more information about hourly rates and additional fees.
How long will it take?
The speed of mediation is largely dependent upon the parties. Most mediation’s can be completed within four to six sessions. Mediation can be scheduled within a few days if both parties are ready and willing to do so. Sufficient time, however, is needed to allow for the parties to gather documentation needed for the mediation process to continue. A straight forward mediated settlement could be completed within 3-4 months.
Coming to an agreement on issues such as:
- Division of assets and liabilities,
- Who stays in the home or does it get sold,
- Parenting plan,
- Who the children will reside with,
- Determining if there will be child support paid and,
- Determining if there will be spousal support paid
will help you to finally settle into a "normal" routine?
Overwhelmed?
Are you confused, frustrated and overwhelmed by a divorcing process you know little about? If so, you're not alone. Divorce is a very emotional process, and most people are not prepared for the turmoil they will go through.
Since divorce is both a business transaction and a time of emotional distress, time is needed for processing decisions and creating a fair settlement. Surround yourself with professionals who can help you make decisions that are in the best interest of everyone involved.
Take some time to create goals:
- Will you have to move?
- Will you have to go back to work?
- Who will the children reside with?
- How will support be paid?
- What will your financial future look like?
Then think about creating an agreement that will help each of you get there.
First and foremost, consider the best interests of your children. Do what's best for them. The divorce was not their fault but they will have to live with the consequences of your future arrangement. Be patient and considerate of their feelings.