Divorce mediation is a process in which spouses can discuss issues like child custody and support payments with the help of a neutral third party. It is an alternative to litigation and can save both parties time and money.
During the framing stage, the mediator will ask you and your spouse questions to understand your respective positions on these issues. He or she may also repeat your points and summarize them to make sure that you both understand them.
Cost
There are a number of factors that affect the cost of divorce mediation. These include the mediator’s fee structure and the complexity of the case. It is important to understand these factors so that you can make an informed decision about the type of mediation that will work best for you.
Some divorce mediators charge a flat rate for their services, while others bill by the hour. The former can be less expensive, but it can also lead to hasty decisions and problems with the final decree. In addition to the divorce mediator’s fees, there may be other expenses associated with the process. These include court filing fees, attorney fees, and expenses for experts such as appraisers.
Travel expenses can also be a significant expense. If both parties have to travel to attend their sessions, they will need to pay for transportation, lodging, and meals. In addition, they may need to take time off from their jobs, which can lead to lost income.
Confidentiality
In most cases, you and your spouse will be asked to provide basic information about yourself, your marriage, and your family before starting divorce mediation. Your mediator will also probably have you fill out a questionnaire or other forms and ask you to sign an agreement that says what goes on in your sessions is confidential.
This is important because it can allow you and your spouse to be more honest about your needs and interests. This, in turn, can make it easier to reach a settlement.
In contrast, a court case in which the two sides battle it out in front of a judge and many other people can lead to a more adversarial atmosphere. In addition, any documents or statements that are exchanged during a litigated divorce become public record unless you file a request to have them sealed. The confidentiality of a divorce mediation allows you and your spouse to focus on the issues that matter most to you without a messy public fight.
Time
The length of time it takes to complete the divorce mediation process depends on how well the couple communicates and how many issues need to be discussed. It also depends on the willingness of both parties to come up with workable solutions. If the couple cannot reach a compromise, they may have to return to court and have their cases decided by a judge.
During mediation, couples will discuss child custody and parenting arrangements, property division and financial issues. A mediator can help couples generate various shared parenting options for holidays, weekends and weekdays and provide information on New York state child support guidelines.
The mediator will review the legal rules that apply to each issue and can describe how a judge might rule on an issue in their jurisdiction. The mediator can also help each party understand the other person’s viewpoint and motivations. This allows each person to have a more realistic view of the situation and how it might be resolved.
Experience
When preparing to choose a mediator, it is important to consider the person’s experience and specialization. Mediators may be lawyers, CPAs, social workers or other people with specialized training. Some are certified in basic mediation, while others specialize in divorce mediation or child custody cases. Many mediators have websites that detail their experience and specialty.
A mediator’s primary role is to facilitate an agreement between spouses. This includes helping each party understand their priorities and issues and clarifying any misconceptions. The mediator will also help the parties draft a settlement agreement that is legally sound and acceptable to the court. Once the draft is complete, it should be reviewed by both parties’ attorneys to ensure that the agreement is fair and does not put either spouse in a vulnerable financial position. The process can take several sessions over three to six months. For couples who want to save money, divorce mediation is an affordable option.divorce mediation lawyer
