FAQs
Divorce
- What is divorce mediation?
The divorce mediation process is still the facilitative mediation process we use for most mediation. However we have specially trained mediators who are equipped to deal with the complex issues and heightened emotions of separation or divorce. Divorce mediation is really where both parties are ready to make some compromises in the hope that they will resolve their differences, create an agreement, and move on with their respective lives -- saving money, time and emotional energy. Most times, that is exactly what happens.
- What gets discussed at divorce mediation?
We will discuss any and all issues that have not been resolved between the divorcing parties. These include, but are not limited to: division of assets, sharing of debts, marital property, custody and parenting plans if there are children, child support, visitation, alimony, personal items… in short, if it needs to be addressed, we’ll address it.
back to top - Does mediation work in every divorce case?
Unfortunately, no mediator can “guarantee” a mediated settlement. That depends totally on the parties entering mediation. What we can guarantee is a completely confidential, neutral and non-confrontational setting, as well as a safe and established process that will help you resolve your outstanding issues. However if one or both parties do not want to settle, want to continue the fighting or “punish” the other, are determined to go to court or do not enter mediation in good faith, then mediation will not succeed.
back to top - How long will it take and what does it cost?
That depends on how many issues are to be resolved and how well the parties have prepared for mediation. Prior to the actual session, a Preparation Kit is sent to both parties. In the kit are forms requiring full disclosure on all relevant information. If all information is available and both parties enter mediation in good faith, all issues might be resolved in one or two sessions. Depending upon the circumstances, it may take longer.
back to top - Does the mediator prepare the divorce papers?
Once outstanding issues have been resolved, the mediator will draft a “Memorandum of Understanding” (MOU) or Divorce Agreement detailing the agreements that have been reached. After both parties are comfortable with the wording and have shown it to their attorneys, they will be asked to sign the MOU. This document will become the basis for the divorce papers.
back to top - Do we have to use a lawyer to get a divorce?
In some states or provinces, you may be allowed to represent yourselves, but we strongly suggest you have a lawyer. Mediators will not represent anyone in court.
back to top - Can mediation help after we get divorced?
Yes. As time goes on, one party or the other may question what was discussed and agreed to in mediation on a certain issue. While you will always have the Memorandum of Understanding to refer to, a brief session with your mediator could avoid potential conflict. Also, circumstances eventually change. It may be necessary to modify the agreement to account for these changes. In many cases, it saves the parties from having to go back to court.
back to top - We're breaking up but are not legally married. Can mediation work for us?
Issues faced by couples that are co-habiting are very similar to issues faced by married couples. In mediation, we do not differentiate. If you have issues to resolve, we will help you resolve them.
back to top - Can mediation lead to reconciliation between the parties?
While anything is possible when you open up new lines of communication, don’t count on it. By the time parties seek divorce mediation reconciliation seldom, if ever, happens.
back to top - What happens when one party wants a male mediator, but the other party wants a female mediator?
It makes absolutely no difference whether your mediator is male or female. Your mediator will be neutral, friendly, non-judgmental and hold all information in strictest confidence. However when emotions are running high, some parties have difficulty with gender-bias. In these cases we will provide both a male and female mediator to co-mediate your sessions.
back to top - Does it cost more to have two mediators?
Yes, but it is certainly not twice as expensive. We have a set rate for co-mediators which clients find surprisingly reasonable.
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Faith hears the inaudible, sees the invisible, believes the incredible and receives the impossible.
