How does mediation work?

      Divorce mediation is a voluntary process whereby a couple meets with a neutral third party, the mediator, who facilitates discussion and helps the couple come to an agreement that is satisfactory to both. The couple meets with the mediator in one- or two-hour sessions during which all three discuss the various issues that need to be addressed (e.g., child and/or spousal support, parenting arrangements, and the division of assets and debts). Once an agreement is reached, a separation agreement that incorporates the terms of the couple's understanding is prepared. This separation agreement is submitted to the court when a divorce proceeding is initiated and becomes part of the divorce decree. When the parties agree to the divorce (an uncontested divorce), neither one needs to go to court.

Is a separate attorney for each party necessary?

      Although Andrea is an attorney, and can provide legal information to both parties, she does not act as an advocate for either party. If either party wishes to consult with an attorney during the mediation process, he or she is free to do so, and, at a minimum, should consult with an attorney before signing the separation agreement or any other legal document.

Is divorce mediation ever ill-advised?

      While mediation is appropriate for many people, there are some situations in which it might not be advisable. One such situation would be when domestic violence is present.

How lengthy and costly a process is mediation?

      Mediation is much less expensive and much quicker than traditional adversarial proceedings, even where each party's lawyer has a view towards settling the matter. Although every case is different, many cases can be completed in four to six two-hour sessions. Moreover, in mediation, as opposed to a traditional divorce, no retainer (deposit) is required for the work to begin; rather, payment is made at the conclusion of each mediation session.

Why is mediation better than adversarial court proceedings?

      Mediation is better than traditional adversarial proceedings in many ways. Because the parties are in control of the process and make all the decisions, there is a greater likelihood that they will be satisfied with the outcome. Further, in mediation, the parties can spend as much or as little time as they wish on each issue; courts do not have the time to fully explore the parties' particular needs or to fashion the best possible solutions in any given case. Mediation is premised on open communication and the possibility of win/win outcomes; such an outlook provides a strong foundation for future co-parenting, if there are children, and preserves the dignity of both parties.