Mediation FAQ's

1. What is Divorce Mediation?

"Divorce Mediation" is a court approved alternative to divorce litigation. It is a private and confidential process through which a couple facing divorce, assisted by a trained facilitator (the Mediator), reach their own decisions concerning the issues facing their family situation. Both parties are strongly encouraged to have their individual attorneys review any agreements that are reached during the process. Mediation is voluntary and either party has the right to end the process at any time.

2. How Does It Work?

The mediation may take place in one or more sessions, depending on the complexity of the issues involved. Sessions may be as short as a few hours and may last a full day, depending on the needs of the parties. Mediation may occur in more than one session, and parties often find that several shorter sessions are conducive to reaching a completed agreement.

3. Who Prepares the Agreement?

Typically, when the parties have reached final agreement on the issues they have been facing, the mediator will draft a Memorandum Agreement, specifying the terms of the agreement the parties have reached. This document is reviewed by each of the parties and their individual attorneys. It is then drafted into a formal Settlement Agreement for presentation to the Court by one of the attorneys. If the parties' attorneys are involved in the mediation, the formal Settlement Agreement may be prepared at the end of the mediation for the parties to sign and file with the Court.

4. How Much Will Mediation Cost?

Mediation fees are normally billed on an hourly basis, although some mediators may set a flat fee for services. The total cost normally depends on the length and total number of mediation sessions necessary for the parties to come to a final agreement. The mediator may also bill for the time incurred in preparing for the sessions and drafting the Memorandum Agreement.