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Mediation is a process of resolving disputes without Court intervention. In contrast, litigation is an adversarial process involving formal Court review and trial of the issues. Proceeding with mediation allows the individuals to obtain a divorce or legal separation without retaining individual attorneys to litigate the matter or having to appear in Court. The object of Mediation is to work through the issues and enter into a marital settlement agreement which is legally binding and enforceable in Court.
Mediation has many benefits and is by far a more common sense approach to ending one’s marriage. One of the most significant benefits of mediation is that the process is confidential thereby allowing the parties the ability to address the issues in dispute while maintaining privacy in the negotiation process and ultimate settlement of the matter.
A second benefit of mediation is that it is cost effective. Litigation is generally time consuming and costly involving lengthy court proceedings with representation of each party by separate attorneys at significant cost to each party. Mediation, on the other hand, progresses at a pace chosen by the involved parties. The mediator is a neutral party to the process, does not represent either party, and works with the parties until agreement on each issue is achieved in a relatively short period of time. Thereafter, a legally binding and enforceable contract called the Marital Settlement Agreement is drafted by the mediator which sets forth all of the terms of the agreement between the parties.
Generally, when each party retains an attorney to obtain a divorce, the process involves lengthy litigation of the issues, several thousands of dollars in attorney’s fees and numerous Court hearings ultimately ending with a trial if resolution of the issues cannot be achieved. When parties chose to work together with a mediator instead of becoming embroiled in the adversarial process, they retain control over the process of divorce instead of yielding it to attorneys, judges, and the Court system.
Most significantly, the mediation process is much less traumatic emotionally for the parties. If there are children involved, they benefit also as they see their parents working through their disputes in a responsible, non-adversarial manner. As the Parties work toward resolution of the issues with a mediator, a new model of conflict resolution emerges which the Parties may then choose to use in future communications with each other.
Mediation is generally much less costly both emotionally and financially than retaining separate attorneys to litigate the issues. The mediator’s time is billed at the mediator’s hourly rate and payment is due as professional services are rendered.
Our role is to assist the involved parties in reaching resolution of the issues pertinent to their specific situation in a fashion that will promote a mutually satisfactory result using a non-adversarial approach.
The role of the mediator is three-fold. First, the mediator functions as a facilitator to keep communications ongoing between the involved Parties while keeping the Parties working toward resolving each issue. Sometimes feelings of anger, abandonment, guilt or remorse which may have brought the individuals to the point of separation, interfere with the parties ability to communicate effectively. The Mediator creates an environment in which the parties can speak to and listen to each other so that each has an opportunity to be heard.
Second, the mediator provides the legal information relevant to the issues of property division, child custody and visitation, child and spousal support obligations and division of assets and debts. Once the Parties have this information, they are equipped to make informed decisions on all issues which must be addressed in a Marital Settlement Agreement. Once agreement has been reached on all issues, the Mediator drafts the Marital Settlement Agreement which is filed with the Court.
Third, in addition to the Marital Settlement Agreement, the Mediator prepares all other legal documents which must be filed with the Court. Finally, the mediator brings a wealth of experience to the process, offering suggestions to assist the Parties in resolving an impasse.
Every situation is different, however, the Mediator generally meets two to three times with the Parties to obtain resolution on all issues. Each session lasts about one and one-half hours. Mediation sessions are usually scheduled at two to three weeks intervals.
