February 21, 2017

How Does Divorce Mediation Work?

Facing a divorce is confusing.  You are approaching an unfamiliar process.  Have your heard about divorce mediation?  Here is my summary of the divorce mediation process.

I work with both husband and wife together.  You don’t need to be on the same page regarding the resolution of your divorce matters.  You do need to be in agreement to voluntarily walk into the room and participate in the mediation process.  It is my job to help guide you toward a Marital Settlement Agreement that is equitable to both parties.  I provide information about the relevant law from a neutral perspective.  The process includes both spouses and me, your attorney mediator, in the mediation room, but you may each consult with separate attorneys any time you want, before or during the mediation process.

What are the benefits?  Money is a big one.  Mediation is significantly less expensive than the courtroom battle of litigation.  We use a set fee rather than a retainer and hourly rate as is traditional in the legal field.  I cannot estimate a specific fee until I meet with both of you during the complimentary consultation in order to know what your issues are and the resulting number of mediation sessions that will be required to complete your divorce process, but I will tell you that the set fee tends to be lower than the initial retainer you would each be quoted from a litigator.

Time is another advantage.  The duration of mediation is measured in months rather than years.

Mediation is more constructive and respectful.  The nature of litigation can become a cycle of negativity.  Generally divorcing spouses don’t agree on the resolution of the issues when you begin the mediation process and working toward resolution is a much healthier path through a mediated divorce.

By Mindey Elgart
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