How Mediation Divorce Works?
The Mediation Session. The process usually unfolds in the following way: When a client meets with the attorney, they will be provided with an initial interview that will explain specifically what they can expect from the process of mediation. The attorney also will answer any questions or concerns that the client might have about going through the divorce process. The mediation is a voluntary and confidential process, and if either of the parties decide they no longer want to pursue such an option they leave for the alternative divorce process.
The nuances of these particular issues will be explained to you as your attending the mediation. The matters that will be handled in a Mediated Divorce follows: Child custody, Parenting time, Child support, Alimony, Division of assets, Division of debts, and What will happen with the house?
You can also meet and discuss any questions you may concerning these matters by contacting Attorney Ciaffoni. Click here, if you would like to schedule a consultation with Attorney Ciaffoni.
Please note that during a mediation, the Attorney must be a detached and neutral mediator, and he while he will be able to provide you legal information (which he may explain), he cannot provide legal advice (information about how to win a litigated form of divorce).
The parties are given an opportunity to ask whatever questions they may have. I want to have a dialogue with the parties. In mediation THEY discuss and decide all of the issues regarding their divorce. I am there to guide the discussion, answer questions, and to help break impasses.
The next step will be a few simple questions:
BASIC INFO: Where you live? How long has the marriage been? Are they still living together or separated? Do they have children? If so, the children’s names and ages?
INCOME: the amount in their salary and their means of income?
ASSETS: what property do the parties own of significant value, and what is the estimate value?
DEBT: do the parties have any significant debt, and the extent of the debt?
The ball transfers back to the other side of the parties. A checklist of items will be provided to the parties. The Attorney then will gently guide the clients along the procedure one issue at a time, and help the parties decide those issues only when the mediator is needed. In Mediation you will be able to make these decisions with much less influence by the judge or the court. It will give you a lot more liberty in deciding how you want to arrange your life. In total, most mediation sessions take approximately 2 hours. After this has been completed, an appointment for the next session will be scheduled (likely for the following week.) There may be required, multiple mediation sessions to complete the process.
Documentation And Signature. Our team will do the work of completing all court-documents: in particular the Separation Agreement. Which will have been designed according to the decisions of the Husband and Wife during their Mediation session(s). Then this Separation Agreement will be emailed to both parties, and both are advised that they should “review it carefully” and that they should seek independent attorneys for to assess the written agreement. All necessary revisions will be made to the Separation Agreement thereafter. In summation, the parties come in for a final meeting to formally sign all the necessary documents. Congratulations! It is done!
Conclusion By The Courts. The Attorney will file all the necessary documents with the appropriate court, and obtain a Court date for a final divorce hearing. That court date will last only a short 5 minutes, in which the Judge will review and approve the Separation Agreement. The Mediator will not attend this hearing. The divorce will become final 120 days after the Court hearing.