What is Mediation?
Mediation is based on the idea that a neutral, unbiased party will assist disputing parties in reaching an informed, consensual agreement. In the situation of divorce, mediation offers a plethora of information that allows the divorcing couple to make decisions regarding their divorce together. There are eight key components of mediation that make it unique from litigation and arbitration. Each of these components contributes to the overall positive process of amicably divorcing your partner.
Mediation is a voluntary process. Both you and your spouse must want to use mediation for it to work. If at any time you decide to stop your mediation, you may do so for any reason.
A cooperative atmosphere is encouraged during mediation. You and your spouse work together to solve your problems and find the best agreement for both of you.
Unlike litigation and arbitration where a neutral third party will make important, life-altering decisions for you, mediation gives you complete decision- making power. This ensures that both you and your spouse are treated fairly throughout the process and walk away from the divorce feeling as though you have control over the decisions made.
Confidentiality is extremely important in every divorce. You should feel comfortable enough to openly discuss and reveal personal thoughts, feelings, and objections during your divorce process. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Your mediator is obligated to describe any exceptions to this general confidentiality of mediation. Confidentiality in mediation may be waived in writing, although the mediator may retain his or her own ability to refuse to testify in any contested case.
Mediation will help you save money for the more important things in your life. The cost of mediation is significantly less than any litigation attorney. The total average cost of mediation is $3000, while a litigation attorney would cost you, on average, $20,000. In this way, mediation will help you build a more stable financial future.
A wealth of information will be provided to you so that you are better equipped to make the best decisions regarding your future and your children. The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. The three mediators helping you through your divorce are experts in the fields of law, psychology, and accounting. These professionals are able to present you with a vast range of knowledge regarding all of the issues you will face during your divorce. Their expertise will aid you in resolving the important issues in your divorce.
The mediators helping you through your divorce are impartial, neutral, balanced and safe. The mediators have an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another. Their role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Finally, after actively participating in your divorce through mediation you will feel satisfaction and higher self-esteem. You were able to amicable and reasonably work through your divorce producing a win-win result for every party involved.
Your Mediators . . .
There are three professionals that will help you through your divorce process during mediation: Attorneys, Psychologists, and Accountants.
Attorneys: One attorney is present for each couple. This attorney acts as a neutral, unbiased party who offers options, advice and legal expertise to the divorcing couple. The attorney empowers the clients by giving them information and allowing them to make the decisions regarding divorce.
Psychologists: If you have children, you will meet with a child psychologist-mediator who will help you to better understand the impact divorce has on your children. The psychologist-mediator will help you develop a parenting plan that best meets your children's needs. The goal of the parenting plan is to reduce the emotional impact of divorce on your children as much as possible.
Accountants: The accountant-mediator is available to review the terms of your agreement and identify any tax consequences. The accountant-mediator will assist you in minimizing tax liabilities.
