DIVORCE MEDIATION

Mediation is a non-adversarial approach to help parties reach agreements and resolve disputes. In a comfortable environment individual needs and concerns are addressed, and realistic solutions to problems are proposed and considered. The parties have control over the process and become involved in shaping a fair and equitable settlement which suits their particular needs and situation.   

Mediation is not easy and requires that each party be willing to listen to one another, be willing to participate in discussions that relate to the apportionment of their marital assets and liabilities, and be willing to keep an open mind with what is a fair and equitable settlement. It requires each party to verbalize their thoughts and express their feelings in a respectful manner.

Mediation is almost always more successful than divorce litigation whereby spouses each hire separate attorney’s and proceed in an adversarial manner by fighting in court over the marital assets and liabilities. This creates a lot of stress and animosity which exacerbates an already difficult emotional situation.

Mediation generally entails a series of meetings which varies in number from couple to couple and always depends on the individual attitudes and willingness to reach a fair and equitable settlement. At the conclusion of the mediation sessions a written Memorandum of Understanding is prepared which sets forth their decisions and agreements. Clients are encouraged to have their separate attorneys review the Memorandum of Understanding should they so desire.       

Mediation sessions are tailor-made for the individual couple. Listed below are some of the areas that are addressed and resolved throughout the mediation process:

• Parenting arrangements, custody and visitation, of the minor children
• All aspects of child support and future educational expenses
• The division of marital property, a house, furniture, stocks, savings accounts, IRA’s pensions plans, cars, household items, etc.  Clients will be referred to a Certified Public Accountant or Certified Divorce Financial Analyst in regards to the valuation and division of 401(k) Pension Plans and IRA accounts.
• Alimony
• Other assets, pension plans, vacation and rental properties
• All the couples debt is considered
• Medical and dental expenses and insurance, life insurance and disability insurance.
• Self employment income
• Business valuations ( Referral to Certified Financial Analyst)

Mediation is NOT Appropriate:

• When there are issues of domestic violence, substance abuse, child abuse and/or neglect. 
• Restraining orders between parties
• Premarital agreements
• Imbalance of power situations