How Does Mediation Work?
When a married couple interested in divorce mediation comes to our office, they will meet with an attorney-mediator who will first discuss the difference between mediation and litigation, and compare the two processes. The attorney-mediator will explain that the underlying theme in mediation is that both of the parties want to work, from inception, towards a fair and equitable resolution. This is compared to the adversarial process, where traditionally, each party’s attorney will try to maximize that person’s position in the litigation or adversarial process.
The attorney-mediator will discuss the benefits of working face to face with the other party and the mediator, which enables each of the parties to express their feelings and concerns, discuss legal and related issues, and discuss both traditional and creative ways to resolve the issues in the most expeditious manner possible.
The attorney-mediator will explain that both of the parties have the right to consult with their own attorney, if they choose, at any time during the mediation process.
The mediation process will involve at least one session, and likely several sessions, where the parties with the mediator, will identify all of the legal and related issues relevant to that couple’s marriage, and begin to work towards resolution of every issue.
The number of mediation sessions will depend upon multiple factors, including how many issues need to be resolved, how complex the issues are, and how difficult or easy it is for the parties to reach agreement.
After each session, a written memorandum [non-binding] will be prepared by the attorney mediator, and provided to each party, which will memorialize what was discussed at the prior meeting, identify new issues, and otherwise address matters that will need attention.
After the parties reach an oral agreement, with respect to all of the issues, then a written document, either a Stipulation of Settlement or a Separation Agreement, will be prepared. The Stipulation of Settlement or Separation Agreement then will be reviewed by the parties with the attorney mediator page by page. When all of the changes that may be required have been made, and the parties are satisfied with the written document, they will then be provided with copies which they can review at home, and if they wish, show to an advisor, counselor, or friend or family member. When the parties advise that the written document is ready to be signed, then a signing session will be scheduled at which time the document will be executed in the attorney-mediator’s office.
If the parties want to be divorced, the divorce documents will also be executed in the attorney-mediator’s office, with the exception of the Judgment of Divorce, which needs to be signed by a Justice of the Supreme Court. All necessary documents that are required will be forwarded to the Court for the Court’s signature, and the parties need not make a personal appearance.