Benefits of Mediation of collaborative divorce

The Mediation Process of Collaborative Divorce

From: http://www.centerformediationandcollaborativedivorce.com

What is Mediation?

In mediation, the mediator meets with both spouses together, usually without attorney’s, to:

Help identify issues you need to resolve

Gather and share the information you will need to make decisions

Help you communicate about how to resolve issues

Once an agreement is reached, the mediator prepares a Memorandum of Understanding (which is a non-binding summary of the areas the parties have reached an agreement). The spouses bring the Memorandum to their attorneys for review. This is signed by both spouses and becomes a binding contract between them (eventually part of their divorce judgement).

Benefits of Mediation

The mediation process can be much faster than a traditional divorce, typically ending 2-4 sessions of no more than two hours each.

The cost can be reduced by parties by both paying one person, the mediator, during the course of the negotiations. Each party will be advised to have their own attorney during the mediation process, to meet with independently to advise the party of their rights during the course of mediation.

The parties have complete control over the manner and timetable in which the agreement is reached.

The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.

It resolves the issues outside the adversarial proceeding and many find the process allows the parties to maintain a more healthy relationship.

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