Mediation
Mediation is an interactive process where the neutral third-party – the mediator – assists parties in a structured, but informal environment to resolve their conflicts and reach a resolution.
How it Works
During the mediation process, the parties commit to full sharing of information. The mediator provides the parties with general legal information and outlines the options for the parties. The mediator also gathers information, identifies and discusses issues with the parties, identifies and evaluates options, and facilitates the parties’ discussion of solutions.
Problem Solving
Reaching an Agreement
Once the parties have reached an agreement, acting as a neutral party, I draft the Separation Agreement. Most parties have the agreement reviewed by separate legal counsel before signing (I can provide names of mediation-friendly consulting attorneys). I also will prepare and file your uncontested divorce papers.
Benefits of Mediation
Promotes the best interests of children (positive co-parenting)
Costs significantly less than litigation
Is oriented toward problem-solving, rather than finding fault
Promotes communication and cooperation between parties
Takes less time than a traditional divorce (months v. year +)
Allows the divorcing party to remain in control while making important life decisions rather than delegating decisions to a litigating attorney
Frequently Asked Questions
Are you a mediator or a consulting attorney?
I can be retained as either a mediator or a consulting attorney. If someone is in mediation with another mediator, they may want advice and support from a consulting attorney and will look to retain my services. As a consulting attorney, I provide specific legal advice and answers to my client’s questions.
Do you offer legal advice while acting as a mediator?
I do not provide either party with legal advice when I am acting as a neutral mediator. I provide the parties with legal information and let the parties know their options. Either party can have an attorney advising them throughout the mediation process.
How can I control the outcome of my divorce, or does a lawyer or judge always determine the outcome?
In divorce mediation the two parties work together, with the help of a third-party mediator, to reach an agreement. The divorcing parties have the power in these proceedings instead of a judge.
Why does mediation cost significantly less than a standard divorce?
Traditional divorce requires each spouse to hire a divorce lawyer, which often takes a substantial amount of money away from the marital property being divided. However, mediators frequently charge an hourly rate (rather than a retainer) for their services. As a handful of mediation sessions often take far less time than most traditional divorce proceedings, the cost of mediation tends to be lower. In traditional divorce there can also be depositions, motions, and a trial, which will significantly increase each party’s cost.