Frequently Asked Questions About Mediation

Contact: 831-429-9721 ~ crose@mediate.com

How long does a mediation take?

The length of a divorce mediation depends on several factors. First, is the readiness of each party to proceed. People process through the psychological, emotional, financial and legal aspects of ending a marriage at different speeds and frequently begin the process at different times. Second, is the amount of time necessary to develop the circumstances facing each party, the time necessary to consider the various solutions to those circumstances and the extent to which timing is affected by outside considerations (e.g. appraisals, valuations, refinance applications, etc.). Third, is the extent to which achieving resolution and moving on becomes a primary objective that allows agreement to be reached on issues that previously were obstacles to getting done. In general, a divorce involving property division, parenting and support issues reaches completion between six months and a year with the parties meeting when necessary to take the next step forward.

How much does it cost?

By design, the work of the parties is done in sessions with the mediator. As a result there is no need for a retainer at the outset of the process and the fee for each session is paid at the end of that session. The process is purely voluntary and there is no present number of sessions. The total cost of the process depends on the circumstances of the parties, their respective issues, the complexity of those issues and the time necessary for the parties to reach resolution. It is not uncommon for the parties to average between five to ten sessions. Some finish in a shorter amount of time, many take a longer period of time. The fact is that it will only take the amount of time both parties need to finish. Basic information regarding all of the facts and the choices for settlement can usually be developed in approximately three ninety minute sessions. How much time thereafter depends on the individuals involved.

Do I need an attorney to represent me in the process?

That is a decision that a client should make. The majority of clients go through our mediation process without having attorneys present in the sessions. A much smaller percentage bring one or both of the parties attorneys to the sessions. As the process adapts to the needs of the participants, there is no one way to achieve success in mediation. The important point for a client is to identify what approach or combination of approaches will allow each party to achieve a voluntary agreement that both clients experience as a maximized, mutually beneficial outcome. What is required, with respect to the role of attorneys, is that they participate in the sessions with a collaborative, non-adversarial style and attitude that reflects the commitment the clients have made. It is the responsibility of the mediator to keep all participants focussed on the commitments to an effective, problem-solving process as well as the substantive outcome issues, such as property division, parenting and support.

Do you take care of the court paperwork?

Keeping mind the goal of having clients pay for what services they need in the most cost-effective manner, most of our clients use the services of various paralegals in the community to prepare and file all the necessary court-required forms at a fee that is significantly less than comparable services at an attorney's regular hourly rate. The product of a completed mediation is usually a written contract, referred to as a Marital Settlement Agreement. That document is a binding contract between the parties and must be prepared by an attorney. As part of the services we offer clients, that agreement includes not only the basic agreement reached by the parties, but strives to capture the spirit of the agreements and provides a roadmap for future negotiations regarding issues that may change in the future (e.g. parenting and support).