Frequently Asked Questions about Divorce and Family Mediation

Why Choose Divorce Mediation?

Mediation provides a way to work out a fair, legally enforceable settlement while keeping your divorce from becoming an endless, bitter and expensive war. Mediation allows the parties, not the court, to make decisions affecting their future. Also, the process is confidential – there is no public disclosure of personal issues- unlike litigation where both the trial proceedings and all papers filed are open to the public. If you are not satisfied in pro se mediation, you can still retain attorneys and litigate in court. The judge will then decide the issues.

Is Mediation Less Expensive than Using Lawyers to Handle a Divorce?

Yes. Mediation typically costs a fraction of fees incurred in traditional litigation. Also, there is no retainer. Mediation services are charged on an hourly basis for the time the parties spend in session. Mediation fees are typically shared by both parties and are paid at the end of each session.

Will our Marital Settlement Agreement be Enforceable?

Yes. Once the Agreement has been signed, it is enforceable. A final judgment based upon the Agreement will be signed by the judge at your hearing.

Should I Consult with an Attorney During Mediation?

Both parties are encouraged to obtain independent legal advice during the mediation process, and to have an attorney review the Agreement before it is signed if they choose.

What if My Case is too Complicated for Mediation?

No case is too complicated to be settled using mediation. Frequently, the parties in mediation will consult with experts such as accountants, appraisers, financial planners, and attorneys during the process.

What if We Can’t Agree on All Issues?

I have had overwhelming success helping parties to reach an agreement on all issues. However, if issues remain, an Agreement can be prepared on all settled issues, and the parties can litigate the remaining issues or take further time to think about them and come back to mediation. When parties choose pro se mediation, they do not give up their right to go to court.

We Don’t Get Along. How Can We Mediate?

Many couples are emotional about the divorce and don’t think they can negotiate face to face. My training and experience as an attorney, a social worker, and a qualified mediator gives me special skills to help couples who have high emotions but still wish to resolve their issues in a peaceful, cost-effective manner. People do calm down and become effective mediation participants when they see the process can work.