Mediation & Marital Dissolution

Why Choose Mediation for Your Divorce?

Divorce does not have to mean a long and expensive court battle.  For many couples, the issues are limited and they wish to avoid the hostility of the courtroom and move on with their lives as quickly and cost-effectively as possible.  For such individuals, mediation is an excellent choice of alternative dispute resolution.

What does Divorce Mediation Entail?

In divorce mediation, a trained mediator meets with you and your spouse in confidence to identify and resolve the issues necessary for a divorce.  Mediation sessions frequently occur at the office of the mediator, but virtual Zoom or Microsoft Teams sessions can also be scheduled.  The mediation process is cooperative, and our trained mediator can help you craft a mutually acceptable agreement on any or all of the issues that you and your spouse may need to address before you can finalize your divorce.  Such matters often include equitable distribution of a child custody, parenting schedules, child support, and spousal support or maintenance, 

What does the Mediator Do?

The role of the mediator is to facilitate a workable agreement between the divorcing spouses.  Such agreements may not necessarily be objectively "fair" and do not have to be, provided they are agreeable to both parties, who may have many personal reasons for the choices they make within the four corners of the agreement.  While our divorce mediator will not offer legal advice nor take the side of either party, as an experienced divorce attorney, she is able to offer insight into the legal implications of the parties' decisions and agreement that a non-attorney would be unable to do.  Additionally, while she is unable to represent or advocate for either party in the divorce itself, she may work with the parties to draft all documents necessary to commence, proceed with , and finalize the divorce, including the separation or settlement agreement that resolves all outstanding issues in the marital dissolution.  Should the parties wish to obtain independent legal advice at any time during the process, they are welcome and invited to do so.

Advantages of Choosing to Mediate a Divorce:

Divorcing couples who choose to participate in mediation rather than engage in litigation often enjoy the following advantages:

• Cost. Mediation costs far less than going to trial.  The average divorce mediation costs around $3,000.  Alternatively, going to trial can cost $20,000 to $50,000 or more.
• Less time-consuming.  Mediation can usually be accomplished in four to eight weeks.  Going to court generally takes months, if not years, before a resolution is achieved.
• Less emotionally draining.  Although mediation covers the same ground as the parties would need to address in court proceedings, the process is designed to be constructive and focused on solutions, thereby minimizing or even eliminating the reopening of old wounds for strategic advantage.
• Global settlement. Mediation usually fully resolves all issues in the divorce.
• Confidentiality and Preservation of Dignity. You mediation sessions are fully confidential, thereby reducing unnecessary potential embarrassment and discomfort to both parties and their children.
• Control and flexibility. The mediation process allows you to control the outcome of your divorce and customize it to your needs, rather than being subjected to an impersonal and inflexible solution that may be inappropriate to your personal circumstances.
• Availability of independent counsel. At any point during the mediation process you may seek outside legal advice.
• Communication. The mediation process allows you and your spouse to practice constructive communication and opens a productive line of dialogue to minimize future conflicts.

Upon successful completion of mediation, spouses will have executed a mutually acceptable settlement agreement that may then be the cornerstone of a quick and routine uncontested divorce.  By avoiding the high cost of litigation, they may then proceed with their divorce with the assistance of their mediator in the most cost-effective way possible, thereby conserving their financial resources for themselves and their families.