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Divorce Mediation
A difficult process at
best, divorce can be more "civilized" with mediation
- decide how to divide
assets and debt
- reach agreements on
parenting and support issues
- maintain control of the
divorce process
- establish a pattern of
problem solving that will help in the future
- reach agreements that
suit your situation best
- develop a parenting plan
that truly puts the children first
- avoid some of the rancor
of traditional divorce proceedings
- move through the process
at your own speed
- prepare to move ahead
with your separate lives
Mediation for separation
or divorce provides an alternative approach for working through
parenting, financial and property issues. Working through and
reaching agreement on these issues sometimes seems impossible, and
can be full of emotional land mines. The mediation process provides a
less adversarial structure than typical for the challenging work to
be done.
Mediation is usually less
expensive, more private, and more focused on finding mutually
acceptable results than the traditional divorce process.
The mediator facilitates
the process but does not advise or direct the participants toward
specific decisions. . . the participants are in charge of reaching
agreements they can live with.
The process for separation
or divorce mediation generally goes this way:
1. Individual orientation session with each client
Generally
these sessions last about one hour. It is an opportunity for the
clients to make sure they understand what the mediation process is
and for the clients and the mediator to determine if mediation is
appropriate for their situation.
2. If both clients and the mediator agree to proceed, a contract is
signed and joint sessions are scheduled
These
sessions usually last about two hours and are scheduled in one- or
two-week intervals, or as the clients request. The number of
sessions required varies, depending on how complex the issues are,
how quickly information is gathered, and how quickly the individuals
are able to reach agreements. Rarely does this require less than 3
sessions or more than 5 sessions.
3.
A written memorandum of agreement is prepared and reviewed.
The
document we prepare is not, in itself, a legal document. It is a
written agreement, which can become a legal document by the court
through an attorney. This document can provide the backbone of the
formal divorce agreement when the attorney drafts the legal
documents.
4.
Each participant gets two copies of the final draft of the
memorandum
The
final mailing includes a copy of the memorandum and a copy of all the
supporting documents used to reach the agreements for each client to
give to his/her attorney.
To prepare the written
agreement, we use a checklist to sort through the information that
pertains to the issues the clients want to negotiate. I encourage
the clients to be in contact with their lawyers regarding the
agreements they reach. The end document, along with all the
supporting documentation for financial issues, is submitted to the
clients' attorneys for review, and can be used as the framework for
their legal divorce agreement. The mediator cannot file for the
divorce.
Fee schedule is available
upon request.
Contact Nancy: nancy@saudermediation.com
phone: 717-569-2733
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