Divorce and Family Mediation

DIVORCE MEDIATION

Divorce is a highly emotional event filled with disagreement and anger.  These emotions make it difficult to make decisions about division of property, child support and alimony, and most especially, raising the children.

Mediation is an opportunity for two people to sit face to face with a trained, neutral third party, who will maintain a balance of power and control communications between the parties. Each will have an opportunity to speak uninterrupted, and the rules include no name calling, blaming or angry outbursts. A mediator does not give advice or make decisions.

Mediation can insure the agreement reached is written and signed by everyone to become a part of a legal divorce settlement. Consulting with an attorney is recommended.  Attorneys, however are not neutral and tend to support their client.  Generally, mediation can occur over multiple sessions, to allow the parties to consult their attorney.

A mediated agreement may include any parts of a settlement that have not been agreed upon. Sometimes, only custody and visitation are mediated.  Any issues which are not possible to agree to may be presented for a judge to decide. You may not like the outcome.

A mediated agreement is binding, unless both parties agree to make changes at a later time. Post divorce mediation addresses issues which may have changed over time, such as:

• amending visitation
• addressing the role of a new spouse/step parent
• addressing disagreement on college, driving, healthcare

FAMILY

Family Mediation uses the same process as divorce mediation.  Spouses who want to remain married can mediate issues of money, relationships with extended family, and child rearing differences.

A separation agreement is a temporary agreement to address immediate needs.

These might include:

• Payment on ongoing bills
• Time with the children
• Inclusion or exclusion of new people who become involved.

If you have tried couples counseling without success and you want to reach a peaceful settlement with your spouse, mediation is an option to consider. It is generally less costly than having two attorneys battling each other because both spouses make decisions together with the help of a neutral third party. The agreement that is reached is fair and can include agreements for future anticipated changes, such as college for children.