|Information About Divorce Mediation
is a voluntary, problem-solving process, available to assist
divorcing couples work out a mutual agreement on the
issues which must usually be resolved in any divorce such
as parenting, support, and division of property.
is for couples who have made a decision to divorce or who
are unsure whether to divorce, but want a separation.
It is also for couples who are already divorced but who have
a post-decree dispute.
is not only for couples who agree. It is a process designed
to help any couple regardless of existing differences.
Mediation works like this. With the assistance of a trained
neutral third party (a mediator), the couple works to
identify, negotiate, and resolve in a fair way the issues
raised by the decision to divorce. When those issues
have been resolved, the mediator will draft a memorandum of
agreement. This is reviewed by the couple and given
to their attorneys for legal implementation. An attorney will
then draw up a formal settlement agreement. The divorce
may then go through the courts as an uncontested matter.
varies in length depending on the agenda, the complexity of
the issues involved and the readiness of the couple
to resolve these issues. However, the average mediation usually
takes about five two-hour sessions.
client is urged to seek legal representation during the mediation
process. While the decisions reached in mediation are
made by the divorcing individuals, we believe that each person
should have available to them an attorney with whom
they can confer should they so feel the need.
results of a comprehensive study of divorce mediation were
published in an article entitled "Divorce Mediation"
which was authored by Pearson and Thoennes and which appeared
in the 1982 issue of Family Advocate. Two of their findings
were as follows:
research indicates that mediation is the more desirable way
for couples to resolve contested child
also report much satisfaction with the process."
mediation clients are less likely to report problems with
their court orders and are more likely to report that
their spouses are in total compliance."
benefits of mediation clearly outweigh the costs."
agreements were viewed more favorable than stipulations arrived
at through the adversarial system...Apparently, the
method by which an agreement was reached was critical. The
mediation process generated a sense of equality not
article on divorce mediation appeared in the October 1989
issue of New Woman. The author, professional mediator
Diane Neumann of Boston, Massachusetts, found that the mediation
process provided the following advantages:
allows each party to hear and respond to the other side of
promotes the best interests of the children."
saves time and money. "
avoids the public display of private issues."
you wish to set an appointment with a mediator or if you would
like more information about divorce mediation, please contact us via email or call 313-561-5700.
Attorney, Executive Director, Mediator