Divorce Mediation

Divorce Mediation - A Process for Reaching Agreement


Divorce mediation gives spouses an opportunity to work through the decisions that need to be made in their divorce with the assistance of a neutral mediator.


As the mediator, I do not represent either spouse or make decisions for them. My role is to help identify the issues that need to be addressed, facilitate productive discussions, provide legal information when appropriate, explore possible options, and help the parties work toward an agreement they both can accept.


For couples who want to maintain greater control over the decisions affecting their family and finances, mediation can provide an alternative to resolving those issues through litigation.


You Do Not Have to Agree on Everything Before Mediation


A common misconception is that mediation is only appropriate when spouses have already worked everything out.


That is not the case.


Couples often come to mediation because there are issues they have not yet resolved. The mediation process provides a structured setting in which those issues can be identified, discussed, and addressed with the assistance of a neutral professional.


Some couples may agree on many issues and need help resolving only a few. Others may need assistance working through most of the decisions involved in their divorce.


The important question is not whether you already agree on everything, but whether both spouses are willing and able to participate meaningfully in the process and work toward possible resolutions.



What Does a Divorce Mediator Do?


A divorce mediator is a neutral professional who helps both spouses participate in the decision-making process.


During mediation, I help the parties:


  • Identify the legal, financial, and parenting issues that need to be addressed
  • Organize and exchange relevant information
  • Understand available options
  • Discuss the legal and practical considerations involved
  • Evaluate possible solutions
  • Communicate more productively about areas of disagreement
  • Work toward an agreement that both parties find acceptable


The mediator does not decide what the outcome should be and does not represent either spouse individually.


The decisions remain with the parties.


Issues That Can Be Addressed in Divorce Mediation


Divorce mediation can be used to address many of the issues that arise during divorce and separation, including:


  • Parenting plans and other child-related issues
  • Child support
  • Alimony
  • Division of marital assets and debts
  • Retirement accounts and pensions
  • The marital home and other real estate
  • Health insurance
  • Education expenses
  • Tax-related considerations
  • Other financial and practical issues arising from divorce


Mediation can also be used after a divorce when former spouses need to address changes to an existing agreement or judgment.


Couples who are already involved in a court case may also choose to mediate some or all of the unresolved issues rather than asking the Court to decide them.


Benefits of Divorce Mediation


Every divorce is different, and mediation is not appropriate for every situation. However, when it is appropriate, mediation can offer several advantages.


Greater Control: The spouses make the decisions rather than asking a judge to determine the outcome.


A More Flexible Process: Mediation sessions can generally be scheduled around the parties' availability rather than being dictated entirely by a court calendar.


A Private Setting: Mediation provides a private setting in which parties can discuss personal, financial, and family issues outside of the courtroom.


A Less Adversarial Approach: The process is designed to encourage discussion and problem-solving rather than position-taking and courtroom advocacy.


Potential Savings of Time and Expense: Depending on the circumstances, reaching agreement through mediation may reduce some of the time and expense associated with contested litigation.


Focus on Informed Decision-Making: Mediation gives both spouses an opportunity to understand the issues, consider available options, and evaluate the practical and financial consequences of different proposals before making decisions.


Independent Legal Advice During Mediation


Because the mediator is neutral, the mediator does not serve as either spouse's individual attorney.


Either party may choose to consult with an independent attorney during the mediation process. An independent attorney can provide individual legal advice, discuss proposed settlement terms, and review an agreement before it is finalized.


For some parties, consulting with their own attorney provides additional information and perspective that helps them participate more confidently in mediation.


Is Mediation Right for You?


Mediation may be appropriate if you and your spouse want the opportunity to make your own decisions rather than asking a judge to make them for you.


You do not have to agree on every issue before beginning mediation. You do, however, both need to voluntarily participate in the process, exchange all necessary information, communicate sufficiently to discuss the issues, and make your own decisions.


Every family is different. Part of the initial process is determining whether mediation is an appropriate approach for your circumstances.

 

Begin With a Conversation


If you are considering divorce mediation and would like to learn more about the process, I offer a complimentary introductory phone call, generally lasting 10 to 15 minutes.


This gives us an opportunity to briefly discuss your circumstances, answer initial questions about the mediation process, and determine whether mediation services may be appropriate for your situation.


If mediation appears to be a good fit, we can then discuss the next steps for beginning the process.


Contact me to schedule a Complimentary Introductory Call.

Schedule a Complimentary Introductory Call

781-593-4600