Divorce mediation is a way for divorcing spouses to work out an agreement in a way that is favorable to both parties. Unlike a traditional courtroom, in divorce mediation, both spouses meet with a neutral attorney who is trained to mediate. He or she helps the parties identify legal issues and develop settlement terms. This includes discussing issues of debt distribution, asset division, and custody and child support.
The length of the mediation session depends on the complexity of the issues that the parties have to resolve. For example, couples who have worked out most of their issues prior to mediation may only need to settle one sticking point. Other couples might choose to use mediation only for certain issues, such as spousal support or child custody.
While divorce mediation does not require the presence of a lawyer, many mediators discourage the presence of a lawyer in the mediation session. They worry that the lawyer’s presence will create tension. However, you may consult a lawyer before the mediation session or afterward, depending on the complexity of the case. If your spouse already has a lawyer, you may want to hire one as well. This way, both parties will be more likely to reach a settlement.
Before going to mediation, you should be prepared to make an outline of the important issues you want to discuss. The mediator will ask clarifying questions and gather information as needed. He or she will also summarize important points to make sure that all parties understand. The mediator will help you identify issues that are within your agreements and those that are within your disagreements.
You should also consider using a nonprofit community mediation center if you can’t afford private mediation. These centers will often offer low-cost community mediation for divorce cases. They might be part of the National Association for Community Mediation or a nonprofit organization. Make sure to ask the organization about their mediators’ qualifications and training in divorce. This will give you the best chance to resolve all of the important issues in your divorce.
One of the most important benefits of divorce mediation is its ability to reduce the emotional and financial costs of the process. It helps divorced couples communicate amicably, which will result in a more fair outcome. The process is confidential and less expensive than a traditional courtroom divorce. It also promotes cooperation and reduces the stress of divorce.
The average duration of divorce mediation is three to four two-hour sessions spread out over a few months. The length of a mediation depends on the number of issues that need to be resolved and the ability of both spouses to reach an agreement. A simple case may take three to four two-hour sessions, while a more complex one can take up to four months.
Most mediation services and individual private mediators charge a flat rate for divorce mediation. Most flat-rate packages cost between $4,000 to $5,500, but can go much higher if the cases are complex. Some services allow unlimited sessions, while others have a cap. If you need to have more than six hours of mediation, you can pay extra.