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 "By the just we mean that which is lawful  and that which is fair and equitable."  -Aristotle

 WHAT ARE THE BENEFITS
 OF DIVORCE MEDIATION?

 
Promotes communication and cooperation
 
Enables the parties to control the decisions that affect their lives. Parties make their own decisions on parenting arrangements, child and spousal support and division of property.
 
A fraction of the cost of conventional litigation.
 
Takes less time, letting people go on with their lives.
 
Benefits children by reducing conflict, both during and after the divorce process.
 
Fully confidential. Mediation avoids public disclosure of financial and personal matters, an often inevitable result of litigation.

 
 THE MEDIATION PROCESS
 
Role of the Mediator. The mediator helps the parties to define their problems, and to guide them in developing mutually acceptable solutions. The mediator has no authority to impose a particular settlement.
 
Relevant information is exchanged.
 
Issues are clarified,
 
Options are generated.
 
Solutions are found.

 
 THE RESULT OF MEDIATION
 
A legally binding written agreement that is acceptable to both parties.

 
 WHAT ISSUES ARE ADDRESSED?
 
Division of property.
 
Parenting arrangments.
 
Child Support.
 
Living arrangements.
 
Spousal Maintenance (Alimony).
 
Tax implications.
 
Other relevant issues that the parties may need to address.

 
 WHAT DOES THIS COST AND
 HOW LONG DOES IT TAKE?
 
While some agreements may be reached in one or two sessions, the average length of time to reach an agreement is 6 to 14 hours. Every situation is different in terms of the people involved, and the complexity of the issues.
 
Mediation sessions are usually scheduled one or two weeks apart, but scheduling is flexible based on the needs of the parties.
 
Mediation time is charged on an hourly basis, and there is a flat fee for the written agreement. Even the longest mediation's fee will pale in comparison to that of traditional adversarial litigation.

 
 WHY IS MEDIATION BETTER
 THAN DIVORCE?
 
Mediation works best when there is a prospect of a future, non-adversarial relationship between the parties. Parents that although have decided to part ways, often agree to continue a common bond for the sake of their children. A mediator will do all they can to foster this environment. In traditional litigation, the objective is to declare one side a winner. Competition is not constructive.
 
Parties can develop unique solutions tailored to their needs, without impersonal, bureaucratic interference from hostile attorneys and uncaring courts.

 
 WHO ARE THE MEDIATORS?
 
All mediations are conducted by experienced attorneys that have been specially trained in divorce mediation.
 

"Litigation... merely continues conflict and offends nature; it does not heal."  -Confucius

 

 

 

 

 

 

 

 

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Copyright © 2002 Law Offices and Mediation Center of Alla Roytberg
Last modified: December 29, 2002
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Our pages are not intended to provide legal advice, which will only be provided on direct application to us in the formal context of a client/professional adviser relationship.
The information provided is correct to the best of our knowledge and belief, but is provided without obligation or guarantee. It will be updated from time to time as needed.