About Mediation
Mediation DefinedAdvantages of MediationRole of the MediatiorMediation FAQ's
Definitons
Divorce mediation is a non-adversarial process whereby parties who
wish to obtain a divorce meet with a mediator to resolve all of their divorce
issues, including:
Division of property and debts
Parenting Plans
Child and spousal support.
The goal of the mediation is to reach a complete agreement on all issues which
is incorporated into a divorce judgment and filed with the court.
Mediation sessions are held in the mediator's
office. Sessions are usually two hours. Civil mediation is a process
whereby the parties to a dispute negotiate an agreement.
The mediator acts as a neutral to facilitate
the parties' discussions.
The overall goal of mediation is to
get an agreement that works for the parties.
Advantages Top
Divorce
No
court appearances are required. If the mediation process is successful, paperwork is filed with the court,
but neither party has to appear.
It is
less stressful and less time-consuming. Because there are no court hearings, depositions, trials etc., less time and
energy are required to complete the divorce.
Reduced legal fees. The parties share the cost of the mediator's fees. It is estimated that
the average cost for a litigated divorce in California is $17,000 per person
whereas the average cost for a mediated divorce is $5,000 in total. (California
Examiner, October 1995 "Much to Gain and Nothing to Lose" by Betty McManus)
Civil
Mediation
saves time, money, and stress. All of these can be substantial in litigation.
Participants
have more control over the process and over the final results because it is a
non-adversarial process and because they are active participants in the process.
The participants are the ones who make the decisions.
Role of the Mediator Top
For General Disputes:
- To facilitate communication between the parties during the mediation process;
- To insure that issues are adequately considered and alternatives explored.
For divorce mediation:
- To provide the parties with legal information about the divorce process;
- To draft the Marital Settlement Agreement and to file all necessary legal
paperwork.
