Frequently Asked Questions

What is the value of mediation?

You and your spouse have control over the terms of your agreement, not a judge. Your costs will be lower than attorney fees. And your mediator will serve as an impartial third party to guide your negotiations and generate options to consider when the two of you are at an impasse.

What is the objective of mediation?

After you and your spouse have discussed, negotiated and agreed on the terms of your divorce agreement under the guidance of the mediator, the mediator will then compose a document called a Memorandum of Understanding, referred to as an M.O.U. which will summarize the details.

How long will mediation take?

Most couples require 6 to 10 one-hour sessions, but the time can be longer, depending upon the complexity of your assets and willingness to compromise.

Will I get everything I want?

Negotiating a divorce settlement is a give and take process. What do you want? And what are you willing to give up to get it? Both sides want to see the final document as fair. List your priorities as well as your compromises.

What’s the difference between litigation and mediation?

By definition, litigation is an adversarial arrangement where a judge decides who gets what. Conversely, mediation is a collaboration with your spouse, under the guidance of your professional mediator. The decisions made are in your hands as long as you agree to be collaborative with your spouse in reviewing the details of your plans, assets and needs.

How much does it cost?

Mediation fees vary. You can most likely expect the hourly fee to be half or a third of an attorney’s fee, and can fall within the range of approximately $250 to $380 per hour. The standard practice of payment is pay-as-you-go by credit card. However, you will not be obligated to have a minimum or maximum number of sessions. You can stop at any time, but will be obligated to pay for any sessions you do schedule.

How is a mediator different from an attorney?

An attorney gives legal advice, while a mediator serves as a manager of your negotiations and impartial third party who guides your discussions, provides direction and information, and may generate options for you and your spouse to consider. Decisions for the final terms of the divorce agreement are made by the couple.

Is an attorney still needed to finalize the divorce?

It is advisable to retain an attorney for legal questions, to review the Memorandum of Understanding (MOU), and to file the final divorce papers.

What’s a “Memorandum of Understanding?”

The MOU is a document prepared by your mediator, which summarizes the agreement, the terms of which were established by the couple during mediation.

Will the mediator speak to our children?

You may want to confer with a family therapist regarding communicating with children.

Still have questions?

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