Frequently Asked Questions
1. What are the advantages of mediation when compared to litigation?
Mediation offers an affordable alternative to divorce litigation. Instead of two separate attorneys, parties share the cost of one mediator.
Couples have more control over the process in mediation, and the ability to explore options not traditionally available through the courts.
The mediation process is considerably shorter than litigation.
Partners who were able to successfully mediate report more satisfaction with the outcome than do partners who divorce through litigation.
2. What if I don't agree with the mediator?
The mediator serves as an objective third party whose purpose is to listen to both parties and help them find their own solutions.
Some alternative options may be offered for your consideration, but you are under no obligation to use these suggestions. Mediators do not have the authority to dictate your outcome.
3. Are you scheduling in person consultations?
At this time all appointments are being conducted virtually. The parties do not need to be in the same physical location, but they do need to be on the conference call together.
As necessity dictates, the parties may be placed in separate virtual waiting rooms and the mediator will move between them.
4. How are fees structured?
An initial one-hour consultation is provided free of charge. Thereafter, sessions are billed hourly in two-hour blocks, due at the end of the session.
There are additional fees for evening or weekend sessions, correspondence, document review, and generation of forms.
All fees are discussed and agreed upon in advance.
Fees will be divided equally between the parties unless agreed upon in advance.
5. What if we need more time?
There is no time limit to mediation. At the first meeting, we will outline a list of goals and systematically work through them. In between sessions, couples are encouraged to continue to work together.
6. What if we can't agree on everything?
You might be able to agree on some issues while others will need to go to court for the judge to decide.
Reaching agreements on as many issues as possible saves the time, stress, and money involved in going to court over those items.
7. What issues need to be resolved?
Whatever issues the parties decide to mediate.
Typically in a divorce situation, agreements need to be made to divide the marital property: real estate, bank accounts, vehicles, retirement, pension, or investment accounts, credit card debts, student loans, and other debts.
Mediation may be used to determine if there will be spousal maintenance.
In a divorce with children, issues such as medical and legal decision-making, parenting time (the schedule), and child support might be agreed upon.
Mediation can be used during the marriage for a number of relationship or parenting conflicts.
Already divorced parties may utilize mediation to update parenting time agreements, make allowances for new life circumstances such as remarriage or combining of stepfamilies, deployments, relocations for employment, or any number of other situations.
Questions? (480) 673-3749
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