Divorce Mediation

During the mediation process itself, the parties will not need an attorney, but they are free to consult with an attorney either before or during the process if they feel that they want legal advice. The Mediator will not be acting as a lawyer for either party and cannot provide legal advice. Also, the parties may agree to bring attorneys to the Mediation sessions, but that would increase the cost of your Mediation. At the end of the Mediation, it is recommended that the parties review the agreement with their own counsel before they sign the agreement.

Clare offers divorcing couples both the benefit of her twenty-five years of experience in family law and her sensitivity to the emotional upheaval being faced by divorcing couples. She values the couple's right to determine the outcome of their divorce and sees her role as helping them communicate more effectively so they can reach a mutual agreement.

All parties in conflict have different points of view, and it is not expected that you are in total agreement when you first come to mediate. The only thing you need to agree upon initially is the process of mediation itself.

Not at all. To the contrary, the parties determine the order that issues are discussed, the amount of time spent and the terms of any agreement that is reached.

The cost of mediation is in line with the amount of time it takes to complete the mediation since you will be billed on an hourly basis. In general, the time spent in the mediation itself will be between $1,500 and $3,000, and then there are additional fees for drafting documents such as the Separation Agreement and divorce papers. Of course, it can cost more or less depending upon the complexity of the issues and the extent of the dispute. However, a mediated divorce is in general less costly than a litigated divorce or an attorney negotiated divorce.

Since one of most important concepts of mediation is the idea of the mediator's neutrality, it is not recommended that the Mediator speak at length with a party individually, and in fact, all emails and correspondence typically include both parties. However, on occasion the Mediator may suggest a caucus, where he or she speaks with one party and then the other. This could be helpful if there is significant hostility between the parties on a particular issue.

1. Mediation not only saves on the financial and emotional cost of litigation and on the increasing length of time it takes to complete a litigation, but it is particularly well suited in conflicts in which the parties will have an ongoing relationship, such as parents raising a child together, neighbor disputes or employment disputes.
2. Mediation can save money, time and effort and eliminates the uncertainty of results.
3. Mediation provides an opportunity for everyone to meet one another, share thoughts and understand one another's position.
4. Mediation allows the parties to vent in a safe and constructive manner for reaching resolution.

No. Mediation is a voluntary process, and both parties must agree to mediate.

Every mediation is different, but on average a divorce mediation will take two to three sessions of two hours each if you have minor children and one to two sessions of two hours each if you do not have minor children. However, the mediation can take longer if you have more complex issues or if the parties are in dispute over a significant amount of issues.

All parties who are necessary for the decision making process must be present. In addition, as long as all parties and the Mediator agree, an individual may bring someone to the mediation for purposes of support or advocacy.

1. The mediator decides the settlement reached by the parties. To the contrary, any agreements that are reached are made by the parties.
2. The parties are too far apart to mediate. All parties in conflict have different points of view, but common interests can be found.
3. Mediation can only be done after a lawsuit is filed. Mediation can be done at any point but generally serves to avoid litigation so it is most commonly begun before other types of conflict resolution are used.