Divorce & Family Mediation FAQs
Divorce & Family Mediation FAQs
A constructive framework is provided that promotes parties to make mutual decisions as they move from “opposing positions” to discussions and negotiations of “mutual interests”.
Our goal is to assist you to most effectively, comfortably and confidently represent yourself (with any desired assistance by legal counsel) in mediation. In mediation, you will be making all of the decisions. The mediators have no decision-making powers.
This information is intended to assist you in maximizing and economizing your mediation experience.
What are our chances for success?
What if we don't reach agreement?
In mediation, all discussions and materials, with very few exceptions, are confidential.
If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolutions will not be admissible in any court or other adversarial proceeding.
In addition, mediation is a completely voluntary process. At any point if either or both of you feel that the process is not productive, you can terminate mediation and you always have the option to seek outside counsel.
How long will the mediation take and how much will it cost?
Generally, for divorce and family matters, we meet anywhere from two to twelve times for approximately one hour each meeting. If everyone agrees, and if time permits, mediation sessions can be held for longer periods in order to move the process along more quickly.
At the conclusion of the mediation, we will prepare a comprehensive agreement for you that describes all of the terms and conditions of your settlement. This comprehensive agreement could be in the form of a Memorandum of Understanding, a Separation Agreement or a Divorce Petition.
The cost of a comprehensive mediated agreement generally ranges between $5,000 and $10,000, depending on the complexity of your situation and the level of involvement of outside counsel. We will be as specific as possible in these regards once we have a better understanding of your situation.
What if we already agree on some things?
Sometimes, the concepts that make sense to you on certain easy issues can be applied to resolve other issues as well. We will want to be sure that your agreement is well-informed and that you are aware of the many issues that you may want to consider.
What is included in your agreement is up to you. Our goal is to support your well-informed decision-making.
Additional Resources