Mediation

Mediation is the ALTERNATIVE to the ADVERSARIAL setting. Mediation is the alternative procedure that allows couples who are either divorcing or separating to come to the same conclusion without the THREE E’s:

  • Extensive time
  • Excessive money
  • Extreme emotional injury

Also, as a bonus, couples who work through an agreement TOGETHER and come to their own resolution, usually honor those agreements arrived at in a non-adversarial framework.

Divorce or Separation is regulated by law. The determination of the respective legal rights of the parties arising out of their marriage is of utmost importance.

With the guidance of our attorneys, the parties are informed of their rights under the law because it is the parties, in fact, who determine the terms of the STIPULATED AGREEMENT within the parameters of those laws.

MEDIATION LOOKS FORWARD NOT BACKWARD

What this means is that the attorney/mediators do not need to know WHY you are seeking a divorce or separation. We do not look BACKWARD as to what brought you to this mediation table. We only seek to help you look FORWARD to see that life can go on and that all of the important legal and financial issues are addressed.

WHAT ARE SOME OF THE ISSUES THAT ARE ADDRESSED IN MEDIATION?

Finances:

Marriage is an economic partnership. Therefore, all matters that are or have become marital property are addressed. For example: income of the parties, pensions, annuities, real estate, health care, child support, college tuition, day care, camp, sports, sports equipment, extra-curricular activities or lessons, vacations, holidays. In essence, everything that affects the day-to-day living as it exists or will exist in the future (like college expenses).

Parenting:

Commonly known as “visitation.” As mediators, we prefer “Parenting” because, even though you may not live together, you still basically “Parent” together. Children become the inextricable link that ties a couple together for better or worse. We strongly emphasize the need to keep the children’s best interests always in the forefront because if we were before a court, the standard that applies is “The Best Interest of the Child.” Courts have no problem inconveniencing the parents to accommodate the children. As mediators, we take that standard very seriously.

WHO ARE CANDIDATES FOR DIVORCE MEDIATION?

Those couples who can sit in the same room and discuss their financial matters openly and honestly and all matters concerning their minor children. Just because parties are separating or divorcing, the assets do not increase nor do the debts suddenly decrease. They are what they are. And the parties must be prepared to deal with what actually exists. It also means that even if one party owns their own business, the financial data is forthcoming. Everything is put on the table.

WHO WOULD NOT BE CANDIDATES FOR MEDIATION?

Parties who have victimized or have been the victim of domestic violence. If there are orders of protection in place or if police reports exist because of domestic incidences between the parties, mediation is not possible. In those instances, the parties MUST seek their own counsel for representation.