Medaition Help
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Medaition Help
| Sun, 03-04-2007 - 9:39am |
I am getting divorced. STB EX and I get along well, and have decided to go the medaition route. What does the process involve?
| Sun, 03-04-2007 - 9:39am |
Hi There! I am currently going through the mediation process -- about 1/2 way now.
First of all, you may want to 'interview' a couple of mediators to see who you feel comfortable with -- most offer a free consultation (out here anyway). The benefit of going to a mediator is the cost savings on the legal costs. Also, the mediator will keep things on track and try to 'smooth any ruffled feathers' as the issues are worked through. With the mediator's help, you and stbx will come up with an agreement on all the various issues (asset division, budgeting then support calculations, child custody -- don't know if you have kids). The number of sessions needed depends on how complicated your situation is (in terms of financial issues and children). After everything is agreed on, the mediator draws up a MOA - memorandum of understanding, which then goes to the attorneys who draw up the legal document that will be filed with the court. You can find a lot of info. on the internet on all topics related to divorce, mediation and the laws in your state.
Just so you know, mediation is not legally-binding even if your mediator is also an attorney (they cannot wear both hats at the same time.) You could work out the same thing through attys, but would be paying for many more hours of legal time at a higher rate with all the back & forth in communications between all the parties involved. It is a good idea to get attys involved about 1/2 way through the process to make sure that everyone is on the same page.
As for the attorneys, make sure you both have a 'mediation-friendly' atty. It's not enough for an atty to say that she/he is med.-friendly, but you will want to find out what mediators they have worked with & then find out from the mediator what their experience was with that atty. There are attys out there that will say anything in order to get a client, but still draw out the process to rack up more hrs. & will make the process more contentious and adversarial than it needs to be.
Good Luck with everything and stay strong!