What training does someone need to become a mediator?
Most divorce and family mediators have completed a forty-hour divorce and family mediation training course and pursue advanced continuing education. Mediators should have advanced degrees in law, psychology, or other areas relevant to working with families.
If I use mediation, will I need to go to court to get divorced?
If you are divorcing, you will have to file for divorce in court whether or not you use mediation. However, if you are able to reach a mutually agreeable resolution to all of the property, financial, custody, parenting and other issues that you must resolve, and the court accepts your settlement, it is likely that your court experience will be quite limited. Generally, the more you do outside of the court to decide how you want to handle your divorce, the better.
Will I need a lawyer in order to use mediation?
Consulting with an attorney at some point during the mediation process to make sure you fully understand your legal rights is highly recommended. However, by using mediation, it is likely that you will use fewer legal services and that those you use will be different than if you did not use mediation. Unlike a mediator, a lawyer can answer legal questions about how the law applies to your specific situation, what the likely outcome in court would be, and can draft documents for filing with the court.
Is a mediated agreement binding?
If you are involved in a divorce or another family issue that is filed in court, any agreement you reach will be filed with the court. You should speak with your lawyer about how this works and what your options are. The court generally reviews the agreement to assure that it conforms to the standards that have been established, such as the child support guidelines and, where it doesn’t, looks at what special circumstances exist.
If your dispute is not filed in court, the agreement is usually considered to be a contract. Depending on the nature of the agreement and the dispute, if there is a breach of the contract, you may be able to file a claim with the court.
A lawyer can advise you on your particular situation.
How long will mediation take for a divorce?
Because each separation and divorce is different, it is hard to predict exactly how long your mediation will last. In general, a couple who must make decisions about both parenting and financial issues may meet with a mediator for three to eight sessions. This varies depending on how complex the issues are how well the couple is able to work together to make the decisions that need to be made.
In addition to meeting with the couple, the mediator will take time to prepare a Memorandum of Understanding, which outlines all of the agreements that have been reached through the mediation process. You will want to have an attorney draft the final legal Agreement that is filed with the court when you file for divorce.
How long are the sessions?
Generally, mediation sessions are scheduled to last from one and a half to two hours, depending on the couple’s needs and available time. Some couples prefer longer sessions while others find that shorter sessions are more productive. In certain circumstances, half or full day sessions may occur.
How often will we meet with the mediator?
At the initial mediation session, you will begin to identify the issues that need to be decided in your particular situation. What these issues are, how urgent the decisions are, how quickly you are able to gather the required information, and how fast you wish to proceed will determine the schedule you set to meet with the mediator. Often, one, two or even more weeks may elapse between sessions. You may meet with the mediator over the course of a month or several months. In situations where couples have no children and no property, a shorter time frame and fewer sessions may be sufficient.
How much does mediation cost?
Your mediation costs will be based on an hourly fee of $180 that is split between each party. This fee will be charged for all mediation sessions and services, including time spent by the mediator in drafting documents. The cost of mediation is generally less than if you each hired lawyers to represent you in your divorce without using mediation.
Is mediation appropriate for me?
All parties to a dispute must be willing to participate and capable of informed decision-making. All parties must provide full disclosure of information. Each party must be comfortable disagreeing with another party in the same room and not fear retaliation. Neither party must be subject to domestic violence or threats.
Who is present at the mediation session?
You and your spouse or partner will both be present at the mediation session. The mediator will often choose to speak with each of you privately and confidentially at least once during the mediation process and sometimes more often. On occasion, people choose to include their attorneys in the mediation sessions, or the mediator may ask that the attorneys be present. Sometimes, children or teenagers may be present for certain discussions. These choices are made with the mediator.
What information must I disclose to my spouse or partner and to the mediator?
All financial information must be disclosed as part of the mediation process. This information is required by the courts and is important for informed decision making. The mediator will work with you to determine your income, expenses, assets, liabilities, retirement funds and other financial information that is required. Should information be withheld during the mediation process, any agreement reached may not be valid.
What if I don’t like mediation?
Unless you have been ordered to mediation by the court, your attendance is voluntary. Whether or not the court has ordered you to attend mediation, you are never under an obligation to come to an agreement. Agreement is always voluntary. You may end mediation at any time or the mediator may end mediation if he does not think it is productive.
What is discussed during the mediation?
In a typical mediation, the following issues must be addressed in order to generate an agreement that may be submitted with the court:
- Children: Parenting responsibility and time; living arrangements; legal and physical custody; insurance, education, support and many other issues.
- Assets and Debts: How these will be apportioned
- Property: Marital home, cars, other personal property
- Spousal Support: Whether there will be spousal support, in what amount and for how long
- Insurance and Medical Expenses
- Tax Issues
- Pension and Retirement Plans
What happens after the mediation?
After mediation is completed, you will take the Memorandum of Understanding to your attorney for review. An attorney will prepare the final document, which is called a Separation Agreement, Settlement Agreement, or some variation of this legal document, for filing in court. Depending on your preference and situation, either you or the attorney may file the papers for divorce.