DIVORCE MEDIATION PROCESS | What To Expect In Divorce Mediation
15043
page-template,page-template-full_width,page-template-full_width-php,page,page-id-15043,ajax_fade,page_not_loaded,,qode-theme-ver-9.2,wpb-js-composer js-comp-ver-4.11.2.1,vc_responsive
 

Mediation Process

DIVORCE MEDIATION PROCESS

The divorce mediation process is different from litigation in many ways. The primary difference is the amount of control you and your spouse have in the process and eventual outcome. Whenever I meet new potential clients I tell them the same thing:

  • VOLUNTARY

    The divorce mediation process is voluntary.

  • CONFLICT AVERSE

    The divorce mediation process is conflict averse.

  • GUIDANCE

    In the divorce mediation process you make your own decisions and the mediator is simply there to help guide you to where you want to go.

  • AFFORDABLE

    However long it takes you to decide how you want to organize your affairs, will determine the amount of hours spent in mediation and therefore the cost of the mediation.

  • CONTROL

    The divorce mediation process and the time that it takes to reach a settlement is completely in your hands.

Is the divorce mediation process fair for both parties?

Some people believe that the 1st person to speak to the mediator will have an unfair advantage in the mediation. This is simply not true. The mediator’s role is to be neutral and to evenly represent both parties in the divorce. No matter which party calls me 1st, I will always suggest that I speak to the other party before the 1st meeting.

I believe it is better for me to explain the divorce mediation process to the other spouse to avoid distrust of the process. Unfortunately it is not unusual that both parties are in a situation where the trust between them has, if not disappeared completely, has dissipated to a large degree. As a result, they can no longer hear what the other person actually is saying, but hear what they think the other person is saying.

The main purpose of these complimentary individual consultations is to ensure that both people are comfortable with the divorce mediation process, and that they do not feel that they will be pushed or railroaded into any decisions that will be bad for them. If everyone knows they are in the mediation on a completely voluntary basis with the true intention of settling their matter, they are then in the correct mental position to begin mediation.

WHAT DOES THE DIVORCE MEDIATION INVOLVE?

Once I have had the opportunity to speak with both individuals, the next step is to meet with both parties to sign the mediation retainer. At this point I explain the rules of mediation and outline what will be covered in the joint sessions.

BREAKDOWN OF SESSIONS:

  • Free 30 Minute phone consultation with in depth explanation of the mediation process.
  • Initial meeting with both participants to sign mediation retainer agreement.
  • Confidential Individual meetings.
  • 3 pillars of the divorce process (i) Children (ii) Property (iii) Support.
  • Joint meetings – Children
  • Joint meetings – Property
  • Joint meetings – Support – child and spousal.
  • Memorandum of Understanding.
  • Joint Final meeting to hand over Memorandum.
  • Independent Legal Advice – referrals to collaborative lawyers.

Call Julian today for your free 30 minute phone consultation.