What is Divorce Mediation?

Divorce mediation is an alternative to fighting in court with your spouse through attorneys.

Divorce mediators do not have to be certified, nor do they have to be attorneys. At Amaral & Associates, P.C., our mediators are not only certified, but are also experienced family law attorneys who will guide spouses towards reaching an agreement themselves, instead of an order being imposed by a Judge that causes neither spouse to be satisfied.

Our mediators will help you to resolve issues through a process in which they will:

• Identify the needs of each party and the children;
• Help gather information, including financial information, necessary to make crucial decisions about the division of assets and support issues;
• Explore what each party wants and help explore various alternative solutions to resolve your concerns regarding the issues of custody, property division, support and all other issues of your divorce;
• Assist you and your spouse in reaching an agreement that both parties are satisfied with.

WHAT ARE THE BENEFITS OF MEDIATION?

Relationships

• Mediation helps preserve a balanced relationship with your spouse by reducing the tension for the sake of the children.
• Spouses who mediate their divorce typically are better able to communicate, cooperate, and maintain their anger for the sake of their children.
• The mediation experience builds a base for future cooperation between the parties and teaches you how to resolve issues in a cooperative manner.
• Typically, the parties are more satisfied by having arrived at their own “solutions” to the problems as opposed to having a judge make the decisions.
• he parties’ children almost always benefit from such a collaborative approach.

Less Costly

• Typically, mediation is significantly less expensive than a contested, litigated divorce. A contested divorce can cost anywhere from $10,000-$60,000, or more. However, a typical mediated divorce only costs between $2,000-$7,500 on the average. At Amaral & Associates, P.C., for example, we charge $1500.00 per spouse for 3 hours of mediation time and the preparation of the divorce filing.
• If the case is not mediated and goes to court, the cost may be five to ten times as high — or more.
• Mediation is significantly less expensive than retaining two lawyers who will ask each spouse for large retainers.

Less Time Consuming

• Mediated divorce cases typically take considerably less time than a litigated divorce; usually (3) hours of mediation time with the parties, plus the time it takes to prepare a comprehensive divorce agreement, a petition for divorce filing, and the parties’ respective financial statements.

Greater Overall Satisfaction

• At Amaral & Associates, P.C., the parties are assisted by one of our mediators to negotiate all issues concerning their divorce such as child custody, child support, parenting plans, alimony, the division of assets and the allocation of debt.
• Typically, those spouses who mediate their own settlement are much more satisfied with their divorce.
• Most important, children of mediated divorces almost always adjust better to the divorce of their parents than children of litigated divorces.

AREAS OF MEDIATION

• The mediator will typically mediate all issues concerning your divorce, including the following:
• Child Custody and Parenting Plan
• Support including:
• Child Support
• Alimony
• Property Division
• Education of Children
• Taxes and Recapture Issues
• Tax Exemptions for Children
• Inappropriate Conduct Issues (that are detrimental to the best interest of the children)

BASIC MEDIATION GUIDELINES

Custody

• Typically, the mediator will try to ensure that both parents have frequent and continuing regular contact with their children.
• The mediator will also want to foster a positive environment for the children in which both parents are flexible and foster a relationship with the other parent.
• It is important that both parents are respectful of the other and that they never make negative remarks about the other parent.

Disclosure

• Mediation can only work if each spouse is honest and openly discloses all facts, records, and documents required to ensure an informed and fair agreement.
• If a mediator believes that such disclosure is not taking place, they will take steps to ensure that it does. If there still a disclosure problem, the mediator may decide to terminate the mediation.

Fairness

• It is important that both parties feel that mediation is a fair forum in which to resolve their concerns and differences.
• The mediator does not represent either party and will not take a stand on any particular opinion.
• The mediator must ensure that the forum is fair and that neither spouse is being pushed, threatened or bullied into reaching an agreement.
• Both parties must feel comfortable with the agreement.

Use of Consulting Professionals

• The mediator may request that the spouses consult with other professionals during the proceedings, such as an accountant who may be needed to address tax issues, or an appraiser to establish the value of a residence or business.
• Although it is not necessary, each spouse is encouraged to consult their own attorney to have them review the written agreement or settlement created from the mediation process.

Confidential

• Everything that occurs during mediation is fully confidential.
• The mediator will not divulge anything the spouses say to the other spouse, or to anyone, without the written permission of the other spouse.
• The mediator may not be brought into court to testify.

Commitment to Success

• In order for mediation to succeed, each spouse must be committed to working towards an out of court resolution of their divorce.
• The parties must cooperate and focus on reaching a resolution rather than personally attacking the other.
• The parties must be respectful, listen to each other, and not interrupt one another.
• Mediation is not for everyone. Spouses who want to attack or punish each other, who think that their lawyer “can get them a better deal,” or who have been “severely” abused in the marriage should not become involved in mediation.

THE MEDIATION PROCESS

Initial Appointment

• Call us for an initial appointment at info@onlinedivorcemediation.com.
• An initial appointment will be set up with both spouses, either in-person, or on the phone, during which both spouses work with the mediator and the general goals of the parties are discussed.
• A written fee agreement between the parties themselves, as well as the mediator, is reviewed and signed.
• The mediator will assign certain tasks at this initial meeting, such as obtaining certain documentation for the next meeting.

Subsequent Appointments

• If needed, a series of subsequent appointments (usually no more than two) are then conducted. Most will consist of joint sessions (both spouses and the mediator), but sometimes the mediator may have individual meetings (one spouse and the mediator).
• The number of appointments will depend on the number of issues the spouses need to negotiate and the degree to which they are willing to compromise.
• The frequency of appointments is scheduled according to how much time spouses need to complete brief “homework assignments” and/or to “think” between sessions.

Agreement

• At each session the mediator makes detailed notes of agreements as they are reached.
• When all issues are resolved as a result of the mediation sessions, the mediator will draft a settlement or divorce agreement–a document summarizing the agreements that have been made, together with the entire divorce filing and the parties’ financial statements.
• he mediator may recommend that the spouses take the agreement to a “consulting attorney” to look over the final document before signing.
• Once signed, the document is filed with Court for approval by the Judge and the matter is concluded.
• he black cloud that was once hovering over your head is then removed.