What is Divorce Mediation?
Divorce Mediation is a non-litigious, alternative way to settle divorce issues privately and confidentially outside of Court.
The Mediator, an impartial third party, meets with the divorcing couple, or with the already-divorced parties who have post-divorce issues.
The Mediator facilitates discussion between the parties, promotes communication and cooperation, and helps the parties negotiate their own agreement. During the process the parties are encouraged to develop the necessary tools to help them resolve future differences.
Divorce Mediation promotes communication between the parties, not antagonism or adversity. It allows the parties to retain control of the decisions that affect their lives without the dictates of the judicial process. It provides the opportunity to define and address the particular interests and needs of everyone involved in a non-threatening environment. It helps the children win as well, as they can see their parents working together for their interests and future.
Divorce Mediation helps to focus on the future, towards rebuilding instead of destroying each other. The parties work together to explore creative options independent of legal parameters. Meetings are held at the convenience of the couple and the mediator, not at the decision of the Court. Payment is made per session, and no retainer is required.
When a mediation agreement is reached, the Mediator prepares a Memorandum of Understanding, which is a non-binding summary of the resolution. The parties take the Memorandum to their respective attorneys for review, and then the attorneys typically put the terms of the Memorandum into a Property Settlement Agreement. The Property Settlement Agreement, when signed by the parties, becomes a binding contract which eventually becomes part of the divorce judgment.