In order to help you understand the process of mediation, the following is a list of frequently asked questions about Divorce Mediation.

What is Mediation? It is a way to resolve disputes without going to court. The two parties, who disagree, sit down with a mediator and discuss the problem(s). With assistance of the mediator, the two parties work out an agreement that is satisfactory to both individuals.

What is Divorce Mediation? Divorce Mediation is a way for a divorcing couple to work out the property, support, tax, alimony and custody issues without involving the court in the process. It is non-adversarial since the couple works cooperatively to reach an equitable settlement. Also, the couple decides their own future and does not have such decisions forced upon them by the court. The couple decides what is "equitable" for their particular financial circumstances.

What does a Mediator do? A mediator acts as a neutral third party who helps the couple communicate and express their feelings and needs to each other. In divorce mediation, the mediator is also familiar with the relevant divorce and custody laws. A mediator does not represent either person individually, but works with both to help them negotiate an overall settlement. The Mediator will draft a Memorandum of Understanding regarding what the parties have agreed upon during the mediation. This document in non-binding upon the parties and is used as the template for the legal document called a Property Settlement Agreement that a lawyer will draft. Mediators may also meet with one spouse to discuss personal issues and concerns.

If the people are willing to discuss and negotiate, why is there a need for Mediation? There is usually a great deal of emotions such as hurt feelings, anger, doubt and mistrust involved in a divorce which tends to interfere with communication. The mediator helps each party recognize these feelings during negotiations. As the marriage breaks down, so does communication. Therefore, couples have to work at explaining their needs and feelings as issues are discussed and the mediator is trained to help them do this in order to reach a settlement.

Do we have to have lawyers? It is recommended that each party retain an attorney to review and explore any particular issues that may arise during mediation. An attorney shall transfer the Terms for A Property Settlement Agreement into a legal document called a Property Settlement Agreement. The mediator shall not write your legal document but shall help you come to an agreement on all the terms that shall be put into a legally binding document and ultimately becomes incorporated into the divorce decree.

Do you go to court with us? NO! The mediator cannot be used as a witness in the courtroom. The entire mediation process is confidential and all that is discussed in the mediation between the parties is also confidential.

PUT SIMPLY......MEDIATION IS COOPERATION......With the aid of the mediator, the disputing parties come together and with the assistance of the mediator develop their own solutions to the issues that must be resolved in order for them to go on with their separate lives.