Mediation

·       At an average cost of around $2000, divorce mediation is the most cost-effective method of resolving divorce.

·       People that mediate have a high satisfaction rate with the results.

·       I have mediated over 1,500 cases. Mediation is effective in approximately 90% of the cases.

What to Expect in Mediation:

·      At the first meeting we review your situation and create a framework of all the issues to resolve your divorce. This framework includes a consideration of the law, the details the court finds necessary, and details that are important to each of you so you can move past your divorce/dissolution and have a happy life.

·        If you and your spouse want to talk things through, this framework enables you to start working out many of the issues before the second meeting.

·        If you are one of the couples who prefers to only address items with your spouse during mediation meetings, the solid framework enables you to be prepared to discuss the issues and start making agreements at the second and subsequent meetings.

·        Mediation is effective at cutting through conflict and tension, so even if you have argued with each other in the past you are able to achieve agreements in mediation.

·        Sometimes people argue because they can only think of one or two ways of resolving issues. I will help you generate additional options which will enhance your ability to achieve agreements.

·        All agreements are incorporated into a written memorandum of understanding.

·        The memorandum can be taken to an attorney for filing with the court, or you can choose to finalize your agreement and file with the court on your own. I can provide you with the forms you need for filing.

Benefits of Mediation

·        People who mediate have a stronger parenting relationship with their children and with each other as compared to parents who litigate.

·        Higher satisfaction with the results makes it easier for you to get on with your lives.

·        Mediation is safe and everything remains confidential. Mediation helps to keep your private information private. (A divorce file is public information.)

·        Successful mediation reduces hostility and tension.

Is Mediation Right For You?

Mediation works when:

·        You are amicable and you want to work with your spouse instead of against your spouse.

·        One of you feels weaker than the other. I will balance the power between you and your spouse.

·        You have complex issues, financial or personal, that need an individualized approach.

·        You have information that you want to stay private, such as alcoholism or financial issues.

·        You own your own business.

·        Your income or that of your spouse fluctuates.

·        You want to focus on creating a positive future for yourself.

·        Litigation has commenced, but now you would like to cut back on the attorney fees you are paying and work out something that makes sense for you and your spouse.

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 the other two hours goes towards the preparation of the agreements.

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?

It usually takes three to eight weeks. 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.

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?

In mediation there is a greater possibility the results can be tailored to meet your specific needs.

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 relationship between you and your spouse so you can effectively parent your children.

• 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.

Laurie is a divorce attorney and mediator with an office in Independence, Ohio serving family law cases in greater Cleveland, and the counties of Cuyahoga, Summit, Lorain, Lake, Geauga, and Portage.