What is Divorce Mediation?
Divorce Mediation is a private alternative process for discussing and resolving the parental and financial issues that are part of your divorce. Rather than pursuing the resolution of disputes through the courts, couples voluntarily agree to work out issues between themselves and with the help of a neutral third party (a divorce mediator).

Will I still need a lawyer?
Yes. Divorce is the legal dissolution of marriage, just as marriage is the legal union of two people. To get divorced, a legal action needs to take place. Rules need to be followed; papers need to be filed with the court.

Then what is the benefit of having a mediator?
Lawyers represent your interests in the legal system. As a result, people often use lawyers to represent them to prepare for the legal process. When a divorce is adversarial, this is an important function. Lawyers will protect your rights, help you understand your options and obligations and be an advocate for your interests. The attorneys here at Lindabury have the skill and experience to provide these services. But lawyers are not always necessary for resolving the issues of divorce. Couples can save time and money and avoid unnecessary conflict, if they are prepared to work out issues reasonably with their spouses. A mediator can help with this process.

What does the mediator do?
The mediator is a third party who participates in private discussions about issues that need to be resolved between you and your spouse. Mediators are experienced in guiding couples to fair and reasonable agreements that will hold up before the judge that grants the divorce. The mediator prepares the Memorandum of Understanding that is the document memorializing the agreements of the mediation.

How does Divorce Mediation work?
First, a divorcing couple agrees to mediate its divorce. The couple selects a divorce mediator that is acceptable to both parties and schedules an initial session with the mediator. With this and each session, the mediator will help the couple establish a fair and appropriate agreement on the parenting and financial issues that need to be resolved. After the issues of the mediation have been resolved, the mediator writes a Memorandum of Understanding that memorializes the agreement. This Memorandum of Understanding is then given by the couple to their individual lawyers for review. The lawyer for the party that is filing for divorce will then convert the Memorandum into a Property Settlement Agreement. The Property Settlement Agreement is then reviewed by the other attorney, and, if it is acceptable, it is filed with the court.

What does it cost for the divorce mediator's services?
The divorce mediator is paid on an hourly basis. Sessions are usually scheduled for two hours, but the length of any session can be tailored to the parties’ schedules. The number of hours needed will depend on the complexity of the parenting and financial issues involved.

What if we have children?
The mediation process is able to address issues of custody and time-sharing with the children. The care of children is a critical element in a divorce agreement. It is of primary concern to the Court that no undue harm comes to the children as a part of any mediation agreement. For couples who clearly and reasonably act in the best interests of their children, there is no reason issues involving children in a divorce cannot be worked out with a mediator. In these cases, a mediator with a close knowledge of the law can be of particular advantage in mediating issues involving children so that they are acceptable to the court.

What is the advantage of having a lawyer as a mediator?
Because the process of divorce is a legal one, it ultimately ends up in the legal system (before a judge). There is considerable advantage for a couple if the mediator is an attorney because he or she knows what the courts will require of divorce agreements for them to be acceptable.

If you have additional questions or would like further explanation of the questions above, please contact us at info@lindabury.com.

The Lawyers of Lindabury, McCormick, Estabrook & Cooper.