About the Divorce Mediation Process
The end of a marriage is not always contentious. For some couples, it is a mutual agreement and understanding that going separate ways is best for both partners. Spouses may be committed to working out the details of their marriage in a peaceful and amicable way.
What Is Divorce Mediation and How Does It Work?
Divorce Mediation is a peaceful and compassionate was to dissolve your marriage. It is a completely voluntary process used by couples who want to settle the issues of their divorce or separation in a non-adversarial way. Divorce mediation gives couples the opportunity to make their own decisions with the assistance of a trained divorce mediator. Couples can reach an agreement, with the support of a trained divorce mediator, that is custom-made for their families on issues such as custody, equitable distribution, spousal support (which is called alimony or maintenance) child support, business valuation, division of assets and liabilities.
A couple will meet with one of the divorce mediators from Weisman Law Group for a number of sessions to review and discuss all of the issues that need to be decided. All decisions are made by the couple, with the help of the dedicated mediator. The divorce mediator will help the couple resolve any issues and is responsible for simplifying the discussion. The couple is responsible for making decisions regarding all the various issues. Once the couple agree on all the issues, a written document detailing the couple’s agreement will be prepared.
Is Divorce Mediation Different From Litigation?
Divorce mediation and litigation are very different. Divorce mediation is not adversarial. It is a process where both parties cooperate and address each other’s needs, concerns, and goals with the assistance of a neutral divorce mediator. The mediator aides the couple to communicate effectively to reach an agreement that is mutually beneficial. The parties have total control over the outcome. Divorce mediation is cost effective and saves time. Litigation, on the other hand, is an adversarial process in which both parties retain attorneys and go to court. If left totally in the hands of the Court, the parties have little, if any, control over the outcome or the process. The Court sets deadlines, that are invariably adjourned or extended, and court appearances are mandatory, Even in the Covid-19 era, the courts are holding Skype conferences. These Skype appearances are less timely than the actual court appearance, but nonetheless add additional fees. Litigation is an expensive and lengthy process.
Are Conversations During the Divorce Mediation Process Confidential?
Conversations during a Divorce Mediation are confidential. The [arties sign a Retainer Agreement at the start of the divorce mediation process which states that they agree to keep discussions and any information shared during the mediation sessions confidential. This encourages open and productive discussion and provides privacy.
How Are Decisions Made During Divorce Mediation?
All decisions during a divorce mediation are made voluntarily by the parties. The Divorce Mediator assists the parties to communicate effectively so that they can reach an agreement. The parties have total control over any decision that is made. Each issue is discussed and resolved by the individuals with the assistance of the divorce mediator. The divorce mediator will ensure that all issues necessary for the divorce are raised and will help the parties explore and review their options.
Do the Parties Need Their Own Attorney?
Whether you retain the services of an attorney is up to you. Once an agreement is reached and the terms are set forth in an agreement it is not unusual to retain the services of an attorney to review the agreement and give advice. A divorce mediator can provide you with legal information, but cannot offer legal advice. If either you or your spouse wishes legal advice at any point in the divorce mediation process, or prior to signing any legal documents, you should consult with an independent attorney of your choosing.
If The Parties Have Already Retained Separate Attorneys and Started litigation, Can They Nonetheless participate in Divorce Mediation?
Even if you are in the middle of litigation, you can decide to participate in divorce mediation. Divorce mediation can be initiated at any stage even after litigation has started. If you have come to a point where litigation has become unproductive, cost-prohibited or too difficult, you can turn to divorce mediation and take the decision-making process into your own hands.
Does Divorce Mediation Work in Highly Adversarial Matters?
Divorce Mediation takes the conflict out of the divorce process. Even in highly conflict cases, divorce mediation works. The divorce mediator will create a safe and protected environment where you can communicate your needs and expectations. The divorce mediator will structure the conversation so that both points of view can be shared, discussed and considered.
Is Divorce Mediation for Everyone?
For the most part, divorce mediation is conducive for the vast majority of cases. Even if you and your spouse rarely agree on anything, divorce mediation can still work. If you think that divorce mediation could be a good solution for you and your family, contact Weisman Law Group and meet with a divorce mediator. Rachel Weisman can answer questions specific to your situation in a half hour free consultation with you and your spouse.
If One Party Wants go to Divorce Mediation and the other spouse Does Not, Can the Parties Still Mediate?
In order to participate in Divorce Mediation, both parties have to voluntarily agree to take part in the process. It is, however, not unusual for one spouse to want to go to a divorce mediator while the other spouse is hesitant. The party who wishes to participate should allow the other spouse time to decide if he/she is comfortable with a divorce mediator and the parties should discuss the issue with their respective attorneys. One spouse may have more difficulty than the other accepting that the marriage is over. The divorce mediator may be able to facilitate a discussion about this in order to help the parties move forward.
Is Divorce Mediation Easier on Children
If you have Children and are going through a divorce, your children should not be involved in the divorce process. The best way to keep the children out of the divorce process is to mediate your divorce. A divorce mediator is able to help you make decisions in the best interest of their children by keeping your children out of the conflict.
In divorce mediation, you have the opportunity to develop a customized parenting schedule that will address the needs of the entire family. A divorce mediator from Weisman Law Group will help your family generate various shared parenting options for summer, holidays, vacations, weekdays, weekends, and any special circumstances.
Who Pays for Divorce Mediation Services?
Weisman Law Group can accommodate the processing of a single invoice for the divorce mediation services provided or provide each spouse with separate billing. We understand by the time you are ready to end your marriage, that it is likely you have separated financial matters, and can accommodate either method for your convenience.
What Is Divorce Mediation and How Does It Work?
Divorce Mediation is a peaceful and compassionate was to dissolve your marriage. It is a completely voluntary process used by couples who want to settle the issues of their divorce or separation in a non-adversarial way. Divorce mediation gives couples the opportunity to make their own decisions with the assistance of a trained divorce mediator. Couples can reach an agreement, with the support of a trained divorce mediator, that is custom-made for their families on issues such as custody, equitable distribution, spousal support (which is called alimony or maintenance) child support, business valuation, division of assets and liabilities.
A couple will meet with one of the divorce mediators from Weisman Law Group for a number of sessions to review and discuss all of the issues that need to be decided. All decisions are made by the couple, with the help of the dedicated mediator. The divorce mediator will help the couple resolve any issues and is responsible for simplifying the discussion. The couple is responsible for making decisions regarding all the various issues. Once the couple agree on all the issues, a written document detailing the couple’s agreement will be prepared.
Is Divorce Mediation Different From Litigation?
Divorce mediation and litigation are very different. Divorce mediation is not adversarial. It is a process where both parties cooperate and address each other’s needs, concerns, and goals with the assistance of a neutral divorce mediator. The mediator aides the couple to communicate effectively to reach an agreement that is mutually beneficial. The parties have total control over the outcome. Divorce mediation is cost effective and saves time. Litigation, on the other hand, is an adversarial process in which both parties retain attorneys and go to court. If left totally in the hands of the Court, the parties have little, if any, control over the outcome or the process. The Court sets deadlines, that are invariably adjourned or extended, and court appearances are mandatory, Even in the Covid-19 era, the courts are holding Skype conferences. These Skype appearances are less timely than the actual court appearance, but nonetheless add additional fees. Litigation is an expensive and lengthy process.
Are Conversations During the Divorce Mediation Process Confidential?
Conversations during a Divorce Mediation are confidential. The [arties sign a Retainer Agreement at the start of the divorce mediation process which states that they agree to keep discussions and any information shared during the mediation sessions confidential. This encourages open and productive discussion and provides privacy.
How Are Decisions Made During Divorce Mediation?
All decisions during a divorce mediation are made voluntarily by the parties. The Divorce Mediator assists the parties to communicate effectively so that they can reach an agreement. The parties have total control over any decision that is made. Each issue is discussed and resolved by the individuals with the assistance of the divorce mediator. The divorce mediator will ensure that all issues necessary for the divorce are raised and will help the parties explore and review their options.
Do the Parties Need Their Own Attorney?
Whether you retain the services of an attorney is up to you. Once an agreement is reached and the terms are set forth in an agreement it is not unusual to retain the services of an attorney to review the agreement and give advice. A divorce mediator can provide you with legal information, but cannot offer legal advice. If either you or your spouse wishes legal advice at any point in the divorce mediation process, or prior to signing any legal documents, you should consult with an independent attorney of your choosing.
If The Parties Have Already Retained Separate Attorneys and Started litigation, Can They Nonetheless participate in Divorce Mediation?
Even if you are in the middle of litigation, you can decide to participate in divorce mediation. Divorce mediation can be initiated at any stage even after litigation has started. If you have come to a point where litigation has become unproductive, cost-prohibited or too difficult, you can turn to divorce mediation and take the decision-making process into your own hands.
Does Divorce Mediation Work in Highly Adversarial Matters?
Divorce Mediation takes the conflict out of the divorce process. Even in highly conflict cases, divorce mediation works. The divorce mediator will create a safe and protected environment where you can communicate your needs and expectations. The divorce mediator will structure the conversation so that both points of view can be shared, discussed and considered.
Is Divorce Mediation for Everyone?
For the most part, divorce mediation is conducive for the vast majority of cases. Even if you and your spouse rarely agree on anything, divorce mediation can still work. If you think that divorce mediation could be a good solution for you and your family, contact Weisman Law Group and meet with a divorce mediator. Rachel Weisman can answer questions specific to your situation in a half hour free consultation with you and your spouse.
If One Party Wants go to Divorce Mediation and the other spouse Does Not, Can the Parties Still Mediate?
In order to participate in Divorce Mediation, both parties have to voluntarily agree to take part in the process. It is, however, not unusual for one spouse to want to go to a divorce mediator while the other spouse is hesitant. The party who wishes to participate should allow the other spouse time to decide if he/she is comfortable with a divorce mediator and the parties should discuss the issue with their respective attorneys. One spouse may have more difficulty than the other accepting that the marriage is over. The divorce mediator may be able to facilitate a discussion about this in order to help the parties move forward.
Is Divorce Mediation Easier on Children
If you have Children and are going through a divorce, your children should not be involved in the divorce process. The best way to keep the children out of the divorce process is to mediate your divorce. A divorce mediator is able to help you make decisions in the best interest of their children by keeping your children out of the conflict.
In divorce mediation, you have the opportunity to develop a customized parenting schedule that will address the needs of the entire family. A divorce mediator from Weisman Law Group will help your family generate various shared parenting options for summer, holidays, vacations, weekdays, weekends, and any special circumstances.
Who Pays for Divorce Mediation Services?
Weisman Law Group can accommodate the processing of a single invoice for the divorce mediation services provided or provide each spouse with separate billing. We understand by the time you are ready to end your marriage, that it is likely you have separated financial matters, and can accommodate either method for your convenience.
