FAQs – Divorce Mediation Process
What happens after the introductory consultation?
How long will the mediation take?
How many sessions
Does the mediator ensure negotiations are fair?
Will the mediator advise us what to do?
Will I have to compromise even if I think I am right?
What does a mediator actually do?
- create an agenda that will facilitate progress;
- keep the process well organized;
- listen carefully to everything that is said and how it is said;
- answer your questions;
- ask questions to clarify and sometimes deepen what is being considered;
- intervene as necessary to help make the communication process productive;
- provide you with background information (legal and otherwise) relevant to the topic at hand;
- identify data and documents that need to be gathered;
- help generate ideas for solutions;
- determine what to do when things appear to get stuck;
- identify when individual (as opposed to joint) conversations would be useful;
- make sure all the required territory is covered;
- make note of issues, agreements and action items.
Do we have to meet with the mediator in person?
Not necessarily. Although the mediation process is usually most effective in person, it’s possible to use videoconferencing for meetings. There are usually ways we can move the process forward using email and sharing documents. I will work with you to come up with a mediation process that best suits your situation and preferences.
Who can attend?
Whenever considering including someone in addition to you and your spouse, we would talk about this in advance and make sure this is acceptable to both of you.
What happens between sessions?
Of course you will want to think about the issues that we are addressing. Breakthroughs often occur not just in sessions but between them.
Is it binding?
Your agreements will then need to be submitted to the court for your divorce decree. Sometimes, at your option, the Memorandum of Understanding is used as the basis for a more formal and lengthy Marital Settlement Agreement drafted by a lawyer. Once the judgment (divorce decree) has been issued by the court, the terms of your agreement will not only be binding but also an order of the court.