The divorce process can be an extremely stressful and expensive process.  Stress and costs increase when the divorce is heavily litigated.  In some cases, such litigation is necessary and appropriate.  However, in many cases, clients have an option to avoid litigation. One method to avoid litigation is through mediation.  Mediation is a viable alternative and allows spouses to part ways without the stress and cost associated with litigation.

We are prepared to discuss with our clients whether mediation or litigation is right for their case.  If our client wants to pursue mediation, we are prepared to discuss the different mediation options available to them and offer practical advice on the mediation process.

What is Mediation?

Mediation is a process by which parties try to resolve their disputes with the assistance of a third party neutral (“the mediator”). The mediator may be a family friend, a lawyer, a therapist, or a professionally certified mediator.

The goal of mediation is to reach a fair compromise on all issues and achieve the best post-divorce situation possible for both parties, without the need for costly litigation.

What Happens During the Mediation Process?

During the mediation process, each party has the opportunity to discuss important matters, such as division of property (assets and debt), child support, spousal support, child custody, and visitation. Rather than leaving the decision-making up to a judge, spouses are able to communicate, negotiate, and reach a mutually beneficial resolution to these issues.

Although a mediator is unable to make decisions for the parties, he or she can help facilitate communication, problem solving, and effective solutions.  Since mediation is a voluntary process, either party can withdraw from mediation at any stage of the mediation process. Should withdrawal occur, the parties typically proceed with litigation to resolve the disputed issues.

If the mediation process is a success, the mediator will draft a settlement agreement for the parties to review and sign.  Both parties can have a lawyer review the settlement agreement for him or her, as well as confer with this attorney throughout the mediation process.  Once the parties sign the settlement agreement, the parties submit this agreement to the court for the judge to incorporate into the divorce order.

What Are the Benefits of Mediation?

Mediation prevents stress on the family unit.  Mediation is designed to help parties resolve custody, support, and financial issues on their own terms. Mediation is especially helpful when children are involved as a way to protect their best interests as well as those of the family unit.

Mediation is empowering.   In comparison to litigation, mediation allows the parties to determine the outcome of the disputed issues rather than judge who knows almost nothing about these issues before trial begins.

Mediation preserves privacy.  While divorce proceedings in court are open to the public, mediation offers a more private and confidential setting to discuss the issues associated with marriage dissolution.

What Mediation Services Do We Offer?

All of our attorneys are experienced with guiding our clients through the mediation process.  Sometimes this involves the attorneys being on-hand at the mediation sessions.  Other times this involves the attorney working behind the scenes to prepare for and discuss mediation sessions as well as review the settlement agreement resulting from a successful mediation.

Furthermore, two of our attorneys (David L. Ginsberg and Nathan J. Olson) serve as mediators for clients who have chosen mediation.  In this role, they do not represent either side, but instead serve as the third-party neutral with the goal of facilitating a resolution to disputed issues. They also have extensive experience in drafting settlement agreements once such issues are resolved.

Contact Cooper Ginsberg Gray today to learn more about mediation and schedule a consultation.