WHAT IS DIVORCE MEDIATION?

Divorce Mediation is a step by step process through which divorcing couples arrive at an agreement which is acceptable to both of them through the assistance of a trained, impartial divorce mediator.

My role as a divorce mediator is to help divorcing couples make practical, informed decisions to resolve the issues before them. I act NOT as an attorney, but as a neutral intermediary with the interests of both parties at the forefront of the mediation.

My goal is to assist the parties in reaching their own decisions about their family and their future. I help my clients through the transformation of their relationship in the most positive manner possible. I create a safe and informal environment for the negotiations and I strongly encourage respect and open communication throughout the mediation process.

HOW DOES DIVORCE MEDIATION WORK?

I first meet with the clients to examine their situation in terms of their needs and interests. I educate clients regarding the required legal divorce procedures. I give clients access to all resources they may need to educate themselves regarding the various issues. Relevant information is gathered which may include budgets, business records, tax returns, property valuations and, of course, the needs of the children. Full disclosure of financial assets and debts is required by law.

Initial divorce documents are prepared and submitted to the court at the clients' direction with clients representing themselves in “pro per.” As a Licensed Document Assistant (“LDA”), I can prepare the legal documentation for the clients at their instruction, or refer the clients to an outside L.D.A. for such preparation.

Once the issues are identified and prioritized by the clients, I assist in resolving the various potential conflicts involving custody, parenting arrangements, child and spousal support, and property and debt division.

After each mediation session, the clients will receive a letter from me outlining the temporary agreements reached, the issues still to be discussed and any paperwork which may still be needed. This provides a clear record of the understandings and agreements between the parties so that no miscommunications about what took place can occur.

During the mediation process, the clients may be given referrals to therapists, attorneys, financial advisors or other professionals when needed. Settlement options are developed and discussed with clients, allowing each of them to meet their goals fairly.

Before agreement to a final settlement, I require that clients meet with a “mediation friendly” attorney of their choice to advise them of their legal rights and review the proposed agreement. By getting this independent legal advice, the clients can make informed and educated decisions.

Once an agreement is finalized, it is incorporated into the final judgment which is then submitted to the Court without the clients ever having to appear in person.

WHAT ARE THE BENEFITS?

While the primary goal of divorce mediation is to complete a divorce, it may also benefit the parties as follows:

• Allows you to control the outcome.
• Is less costly than litigation.
• Promotes communication and cooperation.
• Benefits children by reducing conflict.
• Is confidential, thus avoiding public disclosure of personal information.
• All required legal documents are prepared for you at your direction and submitted to the court by the mediator.
• No personal court appearances are necessary.
• Referrals to attorneys, therapists, financial & tax advisors, and real estate professionals, as needed.
• Can be completed in less time than litigation so you can more quickly move ahead with your life.

POST-DIVORCE MEDIATION FOR MODIFICATIONS:

When post-divorce modifications are needed, the clients welcome having a safe, impartial environment to discuss parenting and support issues. Post-Divorce Mediations are conducted in the same manner as divorce mediations, with full confidentiality. Required legal documentation, such as stipulations and orders for modifications of support or other issues, are prepared for the clients at their instruction and submitted to the court by the mediator.

ADDITIONAL MEDIATION SERVICES:

Co-Mediation: Co-mediation allows for a trained therapist to participate when the level of emotional conflict requires.

Mobile Services: When necessary, mobile services allows for the mediation to take place in the privacy of your home.

Flexible Hours: Divorce mediation appointments can be made for evenings and Saturdays to accommodate working couples.

 

Phone: (707) 217-4128
E-Mail: mickeyfer@earthlink.net