Dolly Hinckley

WHAT IS DIVORCE MEDIATION?

Divorce mediation is a co-operative, goal-oriented process to help you and your spouse restructure your family and finances in a fair, responsible, mature, and informed manner. The mediator is a skilled neutral third party who facilitates discussions between spouses over issues of parenting, allocation of assets and liabilities, child support, alimony, family finances, and other issues that will become the basis for a formal separation agreement or divorce settlement. It is an enlightened way to resolve financial and parenting issues when couples make the difficult wrenching decision to separate and divorce. Mediation spares you the emotional turmoil of litigation.

What Happens When the Mediation is Completed and All Issues Covered?

A Memorandum of Understanding is prepared containing the decisions you have made. It is then submitted, after your review, to your respective attorneys, if any, or to a neutral attorney who will complete the required divorce/separation forms at a reasonable fee.

Adversarial And Mediation Approaches To Divorce

FACTOR
Definition of the issues attorneys

Who is the client?

Legal framework

Relationship of divorcing parties to each other

Relationship of divorcing parties to their children

Children  parties to their children

Parenting Plan court decides court decides

Anger and hostility

Stress, emotional trauma

Expense of divorce

Time to reach agreement

Settlement expectations

Goal, desired outcome

Final decision

Compliance with terms imposed by others

Post divorce disputes

ADVERSARIAL
Strongly influenced by attorneys

The husband OR the wife

John Doe VS Mary Doe

Focus on past Focus on past Focus on past

Conflicts, adjustment problems

Not the concern of the attorneys

“Custody/Visitation”-court decides

Rekindled, tend to escalate

Prolonged, tends to increase

More, sometimes much more

More, longer delay

Strongly attorney influenced

Win, give little, get more

Made by a judge

Less likely if imposed by outsider

More likely

MEDIATION
Defined by divorcing parties  attorney

The family

John AND Mary Doe

Focus on current issues Focus on current issues Focus on 

Preservces parent/child relationship, co-parenting

Primary concern   court decidesparties to 

Parents decide on Plan   court decidesparties to 

Tend to decrease/weaken

Shortened, tends to lessen

Less, as quickly as desired

Less, usually much less

Those of divorcing parties

A fair equitable agreement

Made by the parties

More likely if parties’ own imposed by others

Less likely