Divorce Mediation
DON’T HIRE A LAWYER!!!
That’s right sports fans. You heard it from me. Recently, I was retained by a man was at the end of his divorce process. Husband and wife had both spent over $25,000.00 in legal fees when there were no kids and the entire marital estate to be split was worth less than $150,000.00. They ended up working out the details of the split themselves after both attorneys showed up for trial totally unprepared. I prepared the marital settlement agreement at the husband’s instructions and had the entire matter finalized for $1,200.00. I say horse crap!!
The practice of divorce mediation is a rapidly growing alternative to the traditional, adversarial approach to divorce. In place of two attorneys, each representing the separate interests of their respective client, an experienced mediator guides the divorcing couple through a negotiated settlement. A child parenting plan, support obligations, health insurance, and the disposition of assets and liabilities are decided in a cooperative, civilized, and efficient process. The divorce mediator’s professional skills, experience, and neutral stance helps the parties negotiate a settlement that is fair, responsible, and long-lasting.
Mediation is your opportunity to negotiate a divorce settlement that works for each spouse and for the children. It is a civil alternative to the often emotionally devastating and financially draining adversarial divorce process. In order for mediation to be effective, the spouses must be capable of working and openly discussing issues with each other. Each spouse must be capable of expressing his/her ideas, wants, and needs concerning the various areas to be decided, including custody and distribution of finances. Neither spouse can be made to feel intimidated by the other spouse when it comes to expressing his or her thoughts.
Advantages of Divorce Mediation
•It is a much less stressful and emotional experience than the traditional divorce process.
Working together with a skilled mediator in a negotiation process results in much less animosity and ill will than the protracted confrontation that often occurs between adversarial lawyers and their clients. The shortened time duration of the process, as well as the considerably lower cost of mediation, also contributes to a lower level of emotional stress.
•Divorce mediation is much less expensive and faster than the traditional divorce process.
The divorcing couple pays one mediator instead of two attorneys. Also, having both parties together during mediation sessions dramatically shortens the process and the billable time of the mediator. The cost of divorce mediation is on average 40% to 80% lower than the cost of traditional divorce litigation. However, it is highly recommended that each spouse retain an attorney to review the agreement prior to signing it.
•Divorce mediation is better for the children.
The divorcing parents remain in charge of their children’s interests and needs, and are able to construct a cooperative parenting plan without turning the children’s futures over to judges and lawyers.
•It is a more private and confidential process.
Private lives and family finances are not paraded before the public.
Divorce Mediation
DON’T HIRE A LAWYER!!!
That’s right sports fans. You heard it from me. Recently, I was retained by a man was at the end of his divorce process. Husband and wife had both spent over $25,000.00 in legal fees when there were no kids and the entire marital estate to be split was worth less than $150,000.00. They ended up working out the details of the split themselves after both attorneys showed up for trial totally unprepared. I prepared the marital settlement agreement at the husband’s instructions and had the entire matter finalized for $1,200.00. I say horse crap!!
The practice of divorce mediation is a rapidly growing alternative to the traditional, adversarial approach to divorce. In place of two attorneys, each representing the separate interests of their respective client, an experienced mediator guides the divorcing couple through a negotiated settlement. A child parenting plan, support obligations, health insurance, and the disposition of assets and liabilities are decided in a cooperative, civilized, and efficient process. The divorce mediator’s professional skills, experience, and neutral stance helps the parties negotiate a settlement that is fair, responsible, and long-lasting.
Mediation is your opportunity to negotiate a divorce settlement that works for each spouse and for the children. It is a civil alternative to the often emotionally devastating and financially draining adversarial divorce process. In order for mediation to be effective, the spouses must be capable of working and openly discussing issues with each other. Each spouse must be capable of expressing his/her ideas, wants, and needs concerning the various areas to be decided, including custody and distribution of finances. Neither spouse can be made to feel intimidated by the other spouse when it comes to expressing his or her thoughts.
Advantages of Divorce Mediation
•It is a much less stressful and emotional experience than the traditional divorce process.
Working together with a skilled mediator in a negotiation process results in much less animosity and ill will than the protracted confrontation that often occurs between adversarial lawyers and their clients. The shortened time duration of the process, as well as the considerably lower cost of mediation, also contributes to a lower level of emotional stress.
•Divorce mediation is much less expensive and faster than the traditional divorce process.
The divorcing couple pays one mediator instead of two attorneys. Also, having both parties together during mediation sessions dramatically shortens the process and the billable time of the mediator. The cost of divorce mediation is on average 40% to 80% lower than the cost of traditional divorce litigation. However, it is highly recommended that each spouse retain an attorney to review the agreement prior to signing it.
•Divorce mediation is better for the children.
The divorcing parents remain in charge of their children’s interests and needs, and are able to construct a cooperative parenting plan without turning the children’s futures over to judges and lawyers.
•It is a more private and confidential process.
Private lives and family finances are not paraded before the public.
Mediation is a cooperative exercise in responsible problem-solving that calls upon the best attributes of each partner to build a lasting agreement, rather than tearing down the marriage.
•Divorce mediation results in a lower rate of re-litigation.
Mediated settlements are more comprehensive and cooperative in nature, producing a much higher rate of compliance by both parties, and a lower rate of expensive re-litigation. After all, the goal in mediation is to help the spouses come to an agreement that is suitable for their needs and lives.
Both parties are advised that they are free to seek legal counsel during the process or cease the mediation process at any time. In event that a marital settlement agreement is reached, both parties are advised to have it reviewed by an attorney. The mediator, although is generally a family law practitioner, can inform the participants of what they can expect if the matter is heard by a court, but he or she cannot give legal advice to either party.
Its important to pick the mediator carefully. Many attorneys have vast experience as family lawyers, but have little or no experience in real estate law, or business law. This can be a distinct disadvantage to the parties if they own real estate investments or a small business.
How does mediation work?
It will depend on whether you have opted for strictly mediation, or whether you are going through a collaborative divorce, but the general process is for the couple to meet with a mediator through a series of mediation sessions, generally lasting a few hours each. The meetings are used to present issues, discuss solutions and come to agreements. Once the parties have agreed to all major issues a final dissolution agreement is drafted by the mediator and both sides must sign it for it to be legally binding.
Do I need a lawyer if I do mediation?
Mediation is not a substitute for legal advice of an attorney who is specifically enlisted to help you. You should apprise yourself of your legal rights in divorce to protect your rights. An attorney is your personal advocate whether you handle your case in court or through mediation.
What if we cannot resolve some issues?
If you cannot resolve some of the issues through mediation, you have a few choices, you can take some time and revisit the issue in another mediation session or you can litigate the issue. If you chose litigation, you are handing your fate over to a judge. For example, if you can agree on all issues except spousal support, you can litigate that issue and only that issue in court. Your legal fees will be significantly less.
Charles Farano practices family law and acts as a mediator in divorce cases in Southern California. He is certified by the National Board of Trial Advocates. Other legal articles can be found at www.faranolaw.com. His email address is cfarano@faranolaw.com
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