Mediation is a process many couples use to resolve contested issues in their divorce without having to hire expensive attorneys or go through a long drawn-out court process. You can resolve all issues of your marriage, such as assets and debt division, child custody, and child and spousal support. This is a voluntary non-binding process that allows both parties to actively negotiate in good faith with the guidance of a mediator who provides objective information and facilitates open and honest communication while offering creative alternative solutions to resolve your issues.
Initially, the parties learn about the benefits of mediation such as: avoiding costly litigation, saving time and effort, and avoiding unnecessary stress. Deciding to mediate could have several positive outcomes for both parties by not destroying personal relationships, avoiding unreasonable delay, and saving on costly litigation.
At the mediation session, the mediator will allow each party to address the other and discuss what has brought them to the table that day. Each party will have the opportunity to communicate what they have been planning in their preparation. At this point, any documentation the parties wish to share will be offered, and each party will be able to gather information and discuss the issues. The meditator will ask open-ended questions and begin to facilitate communication between the parties.
After the parties have begun to establish a rapport, the meditator will begin to generate options to negotiate in order to reach an agreement. We strive to incorporate friendliness, sincere, and optimistic suggestions to help each party brainstorm and explore options to find a solution. Options can be both monetary and non-monetary solutions or any combination in between, It is entirely up to the parties to determine the best solution for them.
Once the parties have determined a solution, the agreement is written into a Memorandum of Understanding. This memo will include all the essential terms of the agreement and is signed by the parties. This is a NON-Binding document. Its purpose is to serve as a recording and understanding of the agreements made at the mediation. Later in the process, the memo will be converted into a Marital Settlement Agreement that both parties will review and sign.
BENEFITS OF MEDIATION
Mediation allows both parties to have an equal say in the divorce process and decide mutually beneficial settlement terms.
Mediation is an alternative to settling disputes in court where there is a high level of uncertainty during litigation.
Mediation saves on the cost of expensive litigation and avoids slow inefficient court proceedings.