Mediation is becoming one of the most utilized ways to get a divorce. With so many benefits, it is no wonder that people who can set aside their emotions are turning to mediation to split. Knowing more about the process is important. Below is a small sample of the divorce mediation process. If you are interested in scheduling a consultation to discuss the practicality of divorce mediation with your situation, contact the Law Office of Sarina Gianna, LLC.
Meeting the mediator: The private divorce mediation process generally begins with the parties meeting with an experienced mediator. Sometimes, the mediation process starts after the parties have already retained their own attorneys. On other occasions, the parties have not retained attorneys and the mediator meets them without counsel. Many times, mediation is compelled by the court.
Providing documentation: The next step is for the parties to provide the mediator with the information that is necessary to analyze the various issues. This can include copies of past tax returns, financial disclosure forms, and present and future budgets, account statements from financial, retirement or debt accounts, copies of the pleadings filed with the court (if any), and any proposed agreements or stipulations on the various issues.
Analyzing the information and identifying issues: Once the necessary information is provided, the parties will meet with the mediator to begin analyses and identifying resolutions to the issues. These meetings may be with everyone together, working together in one room, or with the mediator separating each side in different rooms and talking with each of them separately. Effective mediation is usually a combination of these two methods.
Preparing the agreement: After all of the issues have been resolved, the mediator will prepare a written agreement, also called a Memorandum of Understanding. This is unbinding. It is an agreement that represents a resolution of the issues in the mediation.
Submitting the agreement to court: A formal divorce judgment must still be obtained through the court to turn the mediation agreement into a binding divorce judgment from the court. Once the Memorandum of Understanding is prepared, the parties can take it to their respective attorneys who will draft a Matrimonial Settlement Agreement to be used to file for an uncontested divorce and obtain a Final Judgment of Divorce.
Contact an experienced mediator
If you are interested in learning more about mediation or believe that it would fit your situation, contact our firm. Mediation is often beneficial to all parties involved. Avoiding litigation can help parties retain control of their future, work towards a respectful conclusion, and possibly, forge a new amicable relationship for more cooperative co-parenting. Contact the Law Office of Sarina Gianna, LLC to discuss your legal matter.