Divorce mediation is an informal process that gives you and your spouse control over your separation. During mediation, you and your spouse will sit with our firm to discuss the facts and circumstances surrounding your case and how we may implement a resolution into a final separation agreement. A separation agreement is a binding contract detailing the rights and obligations you will have towards one another and to the child[ren] you share, if any. Separation agreements are necessary for a dissolution of marriage that resolves without litigation. Mediation allows the parties of a matrimonial proceeding to tailor-make the contents of your agreement, outside the courtroom, to best fit your needs.
The role of the mediator is to facilitate discussions relevant to the issues involved in a divorce, in in lieu of litigation. Mediators are neutral and do not represent one side over the other. Common issues include child visitation, child support, child custody, spousal support, asset division, taxes, among other items. Generally, mediation treats divorce in a non-adversarial process. Both spouses' cooperation is necessary, however. Mediation comes down to the two of you brainstorming and discussing resolutions to the issues at hand; the mediator is simply there to extract the points relevant for compiling a separation agreement and to assure that the parties remain focused. Once we’ve addressed all the necessary points, we will reduce the discussions into a binding agreement to which the parties, upon signing, will be bound.
Mediation is generally a very cost effective option which puts the power in the couple’s hands as opposed to the lawyers and judges.
Benefits to Mediation as opposed to Litigation:
(1) Quicker - Depending on the marriage, mediating a separation usually takes four to eight, 2-hour sessions.
(2) Confidential - Little to no discovery occurs. As such, all materials are made confidential to the parties privy to the mediation.
(3) Cheaper - No need to hire two separate attorneys for long, drawn out litigation.
(4) Greater control - Since you and your spouse will be detailing the terms contained in your separation agreement, you will have direct say in what that document directs once the separation becomes formal.
(5) In Addition - Once an agreement is reached, it not only will govern separation, it can also serve as a basis for an easy, uncontested divorce should that be something you wish now or at some point in the future.
While mediation is not for every couple, those who are willing to come to the table and hash out the issues with his/her separating spouse, can greatly benefit from such a process.
During your consultation with our office, we will be able to give you a more detailed overview as to how the process works and if mediation is a viable route moving forward. Should you be interested in exploring mediation, please do not hesitate to call our office. Consultations are always FREE and there is no obligation. We offer flexible payment options and look forward to helping you!
"Mr. Fried and his staff were impeccably professional and knowledgeable. They were patient and answered all of my questions, and I received prompt responses to all calls and emails. I also appreciate how well they explained the legal proceedings of my case to me. Thanks to their efforts, my case was resolved with a favorable outcome. Overall, I am very pleased with the quality of service I've received and would absolutely recommend this firm."
— Y. Chun
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