FAQsWho can participate in mediation?
Our mediations are generally conducted with only the parties and the mediator. However, other participants can be helpful and are welcome in the mediation with the consent of all parties. Examples of other participants include attorneys, financial advisors, accountants and child psychologists.
If we cannot communicate with each other, how will we be able to communicate through the divorce mediation process?
As divorce mediators, we are specifically trained to help couples with communication problems. We encourage parties to move beyond past patterns and "getting stuck" in what went wrong in the past. Instead parties focus on what they want in the future, for themselves and their children. One of our primary roles as mediators is to help couples shift into new and productive ways of communicating and problem solving, even while they are working towards their divorce.
Can I withdraw from mediation?
Yes. Divorce mediation is a voluntary process. This means that both parties must be willing participants. If you or your spouse are not happy with the progress of the mediation, either one of you can withdraw at any time, as long as a final agreement has not yet been signed.
Is mediation legally binding?
Yes. Once a mediated agreement is signed, it will be binding as a legal contract and may be submitted to the Court to finalize a divorce.
Do I need a lawyer for mediation?
We recommend to all of our clients that at some point before the final agreement is signed, each party consult an independent attorney to review the mediated agreement. The time each party's attorney spends reviewing the agreement is significantly less than would have been spent during adversarial negotiations or court proceedings, generally totaling only a few hours.
By choosing mediation, do I give up any rights that I or my children may be entitled to?
No. Divorce mediation is an alternative to adversarial proceedings or negotiations. All issues that would normally be addressed in adversarial proceedings or negotiations, including child support and parenting arrangements, are discussed in mediation. In working through differences with the goal of reaching a mutually beneficial agreement, neither party should need to give up any of his or her entitlements.
How long does divorce mediation take?
Each mediation session usually lasts two hours. The number of sessions varies depending on the complexity of the issues and the needs of the parties. Successful mediations usually take from three to 10 sessions. In nearly all cases, mediation takes far less time than litigation.
How much does it cost to mediate a divorce?
The cost of a mediated divorce varies depending on the complexity of the couple's situation, but it is generally a fraction of the cost of a litigated divorce.
