Mediation
I help couples work together to resolve all the issues of their dissolution. We start with the framework of the law for your situation, and from there you I help you and your spouse make decisions that work for each of you at the time of the dissolution, and down the road as well.
Some people like mediation because it helps them remain amicable. Others find it effective because it reduces their conflict.
The average price of mediation can vary a bit, but is usually $1,500 to $2,000 per couple.
FAQ’S
Should the parties try to reach an agreement before their first mediation meeting?
No. At the first meeting people will learn what the law is. Once couples know what the law is, they are in a better position to make agreements.
What is the cost to get started with mediation?
The retainer is $1,200 per couple, which covers the first two hours of meeting with the mediator, and two hours goes towards the preparation of the agreements.
What is the average cost of mediation?
Around $2,000 per couple. Some spend less, some spend a little more. Mediation is ALWAYS less expensive than litigation.
What if the couple does not reach an agreement in mediation?
Mediation usually helps people resolve at least some of their issues, which lowers their costs if they have to go through the courts.
Who retains the mediator?
Both spouses retain the mediator, so the mediator supports both spouses equally. This is true regardless of who pays for the mediator.
How does a couple know if mediation will work for them?
Mediation is successful when people are in disagreement, don’t get along, or have complicated issues. It is also successful for people who do get along, are in agreement, and want to make sure they have not overlooked anything. The determining factor as to whether mediation will work is if they are willing to sit at the same table together.
What does a couple need to bring to the first mediation session?
Only a working knowledge of the finances is necessary so a plan can be developed to address the individual issues for each couple. A part of that plan is determining which documents will be necessary for final decision making.
How long does mediation take?
Any where from two weeks to two years. In mediation, the couple is in charge of the process, so they determine how much time they need in between meetings.
Are attorneys involved in the mediation process?
It is up to the couple going through mediation. Some like to consult with an attorney and/or have an attorney file the final paperwork. Other couples prefer not to use attorneys at all and file the final paperwork themselves.
Can a mediator file divorce papers?
No, but Malone Mediation and Legal Services Inc. will provide a divorce packet with the necessary documents, or if the client prefers, links to the documents.
Do both spouses have to be present to mediate?
The mediator has to be retained by both spouses. If one spouse is not in the area, mediation can take place over the phone or through Facetime, Skype, Zoom, etc.
What if the spouses have difficulty communicating with each other?
That is common! Mediation eases conflict and tension so everyone can focus on addressing what is important.
What if one spouse is narcissistic or has mental health issues?
It is important to work with a mediator who has special training in personality disorders, then mediation can be effective. Mediating with a narcissist is much less painful than litigating with a narcissist.
What is the main difference between mediation and litigation?
In mediation people work together to obtain results that work for each of them before they file with the court. In litigation the couple works against each other after they file with the court which minimizes the available options.
Is mediation the same as negotiation?
No! Mediation considers the interests of the spouses. Interests that can help them reach a better resolution. Negotiation does not always do so.
Is an agreement reached in mediation binding?
Whether people reach an agreement in mediation and file for a dissolution, or argue their case in court by litigating, their divorce/dissolution will be finalized when the judge signs off on the judgment entry. The judgment entry of a dissolution has the same enforceability as a divorce judgment entry resulting from litigation.
Do people receive the same results in mediation that they would receive in litigation?
The results in mediation can be tailored to meet the specific needs of the parties.
How should a Mediator be Chosen?
Divorce is a legal process, so it’s usually best if the mediator is an attorney who has had experience representing parties for divorce. There are many details a non-attorney may not be aware of. It is important that both spouses feel comfortable working with their chosen mediator.
Find out how many cases they have mediated and over what time period. It takes experience, hundreds of cases before a mediator is truly effective.
Ask about their mediation training. Have they only had the basic training? Find a mediator who has made a commitment to work on their mediation skills, not just their litigation skills.
Find out if they have training as a transformative mediator. A transformative mediator may transform the relationships between the spouses.
Find out if the mediator has special training to work with high conflict individuals, and/or personality disorders.
To learn more about the Mediation process or to be sent our chart of legal options,
please click Contact Us below.