Divorce Mediation – The First Session
The first session of Divorce Mediation establishes the basic foundation for the entire process. During this meeting, both parties discuss the various issues surrounding the divorce. Parents who have children would discuss child custody, spousal maintenance, and child support. Each party should have their tax returns and financial statements with them to the mediation session. These documents will be helpful in framing the issues. This first session of Divorce Mediation can last from two hours to several days, depending on the complexities of the case.
In New York, couples may request referrals to a court-based mediation program. Most such programs offer a free initial session and reduced fee follow-up sessions. California has a free mediation program for couples who have minor disagreements, while Florida law sets the fees for court-ordered mediation at $120-$240 per session. If a couple has combined incomes of less than $100,000, the fees are significantly reduced.
Divorce mediation works best if both parties are able to communicate and get along. Good candidates for Divorce Mediation should be willing to discuss their interests and feelings during the process. They should also be able to listen to the other party’s concerns and needs. Divorce mediation is not the place for arguing and battling. Divorce mediation is a peaceful, alternative method to litigation, and will save both parties time and money. It can also help couples maintain a positive relationship with their spouse in the long term. Divorce mediation is also beneficial if the couple has children.
While divorce mediation can work well for many couples, the process can still prove difficult, particularly in cases where more complex issues are involved. If a couple cannot work out a settlement in the face of an adversarial spouse, divorce mediation may not be an option. Without an attorney’s guidance, the chances of a successful outcome are slim. Further, attorneys can assist you in preparing an optimal mediation game plan for the most efficient and successful outcome.
The duration of Divorce Mediation will vary. The process can take three to four months, though more complex cases may take longer. However, most couples complete the process in three to four sessions. If financial issues are involved, it may take up to six months. In general, you should give yourself enough time to complete the process. In some cases, Divorce Mediation may take up to a year. If the divorce is complicated, you should allow enough time for the mediation process.
The mediator will advise the parties regarding relevant laws and court decisions. He or she will work with both parties to find a mutually agreeable solution. The mediator will provide guidance regarding custody, child support, and maintenance issues. These are complicated financial issues, but mediation can make it possible to reach a settlement that benefits all parties. And, as long as both parties are in agreement, the process of divorce mediation can help keep the process going smoothly.
However, Divorce Mediation cannot resolve all issues. You must agree to use the process and choose a mediator who will facilitate the process. The process is voluntary in most states, but the courts can require couples to make good faith efforts to use mediation. The initial discussion helps the mediator gauge the distance between the two parties and the areas of need. This is an essential part of the mediation process and can save you time and money. However, the process of Divorce Mediation is not perfect and should be completed with a lawyer.
Although mediation generally results in a fair agreement, it is not a binding process. A final decision is only binding if all parties agree. The mediator will not make decisions for either party or impose a judgment. As long as the parties agree to the terms of a settlement, the process can be beneficial for both parties. If not, the spouses can always proceed to a courtroom if they so choose. But, there are several factors to consider before choosing Divorce Mediation.
Aside from the cost of the process, Divorce Mediation often includes third-party services. These may include real estate appraisals, business appraisers, and QDRO experts. Such third-party fees will be added to the basic cost of Divorce Mediation. Therefore, you should consider whether these costs are reasonable for you. However, it is important to weigh them against the benefits of hiring a lawyer. You should consult a divorce attorney before selecting Divorce Mediation.
