Mediation

Some couples wish to avoid lengthy meetings with Attorneys as they discuss the terms of their divorce. A Divorce Mediator acts as a neutral third party to help individuals reach agreement more quickly. 

How it Works

The Mediator meets with both spouses together, usually without Attorneys, to:

1. Help you identify the issues you need to resolve
2. Gather and share the information you’ll need to make decisions
3. Help you communicate about how to resolve the issues

Once agreement is reached, the Mediator prepares a Memorandum of Understanding, which is a non-binding summary of the agreement. One of the spouses brings the Memorandum to an Attorney, who prepares a Matrimonial Settlement Agreement. This is signed by both spouses and becomes a binding contract between them (eventually part of their divorce judgment). The other spouse may have an Attorney review the drafted Agreement before signing it.

What is the role of the attorney?

Mediation is not an Attorney-free process, but Attorneys are not present during negotiation. Attorneys may help the spouses prepare for mediation sessions, or evaluate settlement proposals between sessions. Having an Attorney to consult with during mediation is recommended; they can help you prepare. You are also likely to feel more comfortable about agreements if you have discussed them with an Attorney before they become final. 

Benefits

The mediation process can be much faster than a traditional divorce, typically entailing 2-8 sessions of no more than 2 hours each. The speed of the process depends on you:  how quickly you gather information, how many issues you need to resolve, how detailed your agreement needs to be, and how frequently you wish to meet. You are free to stop mediation at any time, and because you pay for each session as it occurs, you have no obligation to continue.