Which cases are appropriate for Mediation?
Not all couples will be able to have a successful mediation. If winning-at-all-costs is your goal, do not try mediation. Mediation works best when the partners wish to communicate honestly and fully. The couple must desire mediation as a means of putting a dignified conclusion to a relationship that will soon end.
How will I know if Mediation is for me?
Since the introductory session has only a modest registration fee ($60 for 45-minutes), you would be well-served to go into the meeting with an open mind and with prepared questions and concerns. If mediation is not a process you seek, feel free to discuss the possibility of a Collaborative Divorce process. This process involves two attorneys but is non-confrontational in its design.
If Mediation is so positive a process, why is it not done more frequently?
I do not know the answer to this $64,000 question. Many couples believe that the litigation process is either the only route or the best route. As an attorney, I can say with some assurance that is indeed not the case.
What issues are discussed in Divorce Mediation?
The issues that frame divorce agreements form the basis of mediation sessions. Therefore property issues, support issues, visitation schedules, dispute resolution, are all part of the process.
Is there any issue for which Divorce Mediation may not prove successful?
It is difficult to find an issue that is not subject to the positive influence of mediation. However, bitter custody battles are least likely to be solved by mediation efforts.
There needs to be a “good fit” with your mediator. If you are not comfortable speaking with your spouse in the mediator’s presence, the likelihood of a successful mediation is diminished. This is why a consultation with no obligation is so important. You can talk with the mediator and determine how comfortable you feel in the session.
What happens if we mediate and can’t resolve all issues?
It is far better to mediate and resolve many issues than to litigate all issues. In most cases, the couple is quite likely to resolve all issues.
What happens if future disputes arise?
I put a clause in the agreements that all future disputes will be referred to mediation rather than the Courts. Couples are very comfortable with this option. In point of fact, studies show that agreements made via mediation are much more likely to meet with full compliance than are agreements made via court orders. (Studies show that 80% of mediated agreements will result in full compliance, while the number for litigated agreements that result in compliance is 45%)