Divorce Mediation

Role of the Mediator

The mediator is a neutral third-party acting as a coach to assist couples through the negotiation. In working with a neutral third-party, there are some ground rules about interactions with the mediator:

• Legal advice - The mediator does not represent either of you and cannot provide private legal advice.
• Guidance – The mediator can provide general legal advice to help both of you understand the laws and court rules.
• Suggestions – The mediator will make suggestions for settlement based on the facts and circumstance of your unique situation.

Role of Private Attorneys

Both parties are welcome and encouraged to hire private attorneys to consult with and to review the final agreement.

CAUTION: It is highly suggested to hire an attorney who is supportive of the mediation process and not one who will steer the clients unnecessarily towards a contested case.

Your attorneys should remain in the background and ready for you to consult with and/or debrief between divorce mediation sessions.

Your attorney may also advise you on issues that come up during the mediation that may require court intervention.

If your attorney feels that formal discovery or temporary court orders are needed, you will need to file a contested divorce case which your attorney can assist you with.

Just because you file a contested case does not mean you cannot continue with the mediation! If fact, a contested case may be helpful in the eventual facilitation of the settlement through mediation.

While it is preferable for mediation to commence prior to the filing of a contested case, mediation can take place at any time in the course of the litigation even before trial.

The Divorce Mediation Process

The divorce mediation process includes the following:

Structured mediation sessions - Every marriage is different. The mediator will assess your financial and family situation and structure the mediation sessions (which are typically 1-4 hours per session) to move the case along in an efficient manner. Some couples will only need one or two sessions. Other couples may have more a complex situation that involve several sessions and the assistance of outside experts before they come to a full agreement.

Disclosure of Marital Assets and Liabilities - Both of you must make a complete and full disclosure of marital assets and liabilities. This includes any and all financial documentation and other documentation requested by the mediator or your partner, including completed court form financial statements.

Representation at mediation sessions - It is generally not recommended that attorneys attend divorce mediation sessions. In some rare cases it may be needed. It is, however, strongly recommended that you engage the limited assistance of a private attorney to help you in between sessions and to review the final agreement on your behalf.

File Divorce Petition - Typically, divorce mediation clients will file an uncontested joint petition for divorce at the conclusion of the mediation.

NOTE: The amount of time it takes for a full mediation depends largely on the communication between the parties and the complexity of the issues.