Divorce Mediation Process
Practice Areas
Divorce Mediation Process with The Art of Living Alliance
1.
During the 45 min Introductory Session the Clients have the opportunity to learn about the Alternative Dispute Resolution Methods including Collaborative Divorce and Mediation.
The Parties are educated about the Mediation process, the role of the Mediator and the benefits of using Mediator and CDFA. The Clients are provided with the educational materials regarding the Collaborative and Mediation Processes, the list of the referral resources, which includes attorneys, QDRO specialists, therapists, divorce coaches, appraisers, real-estate agents and various links to the divorce-related websites and links to the counties’ websites; the Agreement to Mediate, Retainer Agreement and Mediation Fee Agreement and CDFA checklist are provided at this time as well.
2.
Prior to the First Mediation Session the Parties will need to share with the Mediator the information regarding their respective attorneys and their intentions regarding how the attorneys will be utilized during the Mediation Process.
The Parties will need to inform the Mediator in the event they intent to proceed Pro-Se (Self-Representation). Agenda for the meetings will be circulated 48 hours prior to the scheduled meeting time.
3.
During the Initial Mediation Session, we will be reviewing and executing the Agreement to Mediate, Fee Agreement and Retainer Agreement and discuss any questions related to the documents.
Typically, Agenda will include discussion regarding the Parties’ goals for the process, themselves and their family, we will outline and discuss any of the Parties’ concerns and needs. The Parties are encouraged to bring financial documents outlined in the CDFA checklist and exchange copies with each other and the Mediator. In addition, we will schedule the meeting times moving forward and assign the tasks, the time and who will do them, discuss the preliminary agenda.
4.
In cases where children are involved in the divorce, the agenda for the following meeting(s) (might need a few meetings) will typically include the discussion regarding the Parenting Plan, major decision making regarding education, medical, religion and parenting time, extracurricular activities, child support and budgeting in addition we will be discussing communication, information-sharing, college planning as well as introduction of significant others and future dispute resolution.
5.
During the Financial meeting(s) we will typically review and discuss Marital Balance Sheet, which identifies in detail assets and liabilities, marital and non-marital property.
We will discuss income from all sources, spousal maintenance, budgets during the divorce and post-divorce. The Parties will be asked to exchange their proposals. The Mediator-CDFA analyzes the financial documents provided and prepares reports that reflect parties’ proposals.
We will review and discuss financial reports, which will reflect division of property, tax consequences, expenses related to real-estate property (keeping or selling), division of retirement accounts and pension plans.
During the financial discussion we will address the use of additional professionals for valuation and to assist you in making the informed decisions (real-estate agents and appraisers, business or pension evaluators, forensic accountants, CPAs, QDRO specialists).
6.
If the settlement is reached, a preliminary Memorandum of Understanding or Mediated Settlement Agreement normally will be prepared and circulated for review by the parties and their respective attorneys and amended as necessary.
Thereafter the representatives of the parties will incorporate the Memorandum into a final Judgment for Dissolution of Marriage document. Once the final Memorandum/Settlement is approved and executed by the parties the mediation process ends.
7.
Finally, if the parties fail to develop mutually acceptable settlement terms, before terminating the procedure, and only with the consent of the parties, the mediator may submit to the parties a settlement proposal and suggest further discussion (which may involve the attorney’s presence) to explore whether the mediator’s evaluation or proposal may lead to a resolution.
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