The Mediation Process

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NEXT STEPS

MEDIATION TYPICALLY FOLLOWS THESE STAGES

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❋ Initial Meeting

The mediator explains the process, rules (like confidentiality and ground rules for behavior), and their role. You may discuss the background of your marriage and the issues needing resolution.

❋ INFORMATION GATHERING

You and your spouse will need to provide and exchange all necessary financial and child-related documents (tax returns, bank statements, property valuations, proposed parenting plans, etc.). Transparency is crucial for fair negotiations.

❋ ISSUE IDENTIFICATION

The mediator helps list, frame, prioritize the specific issues to be resolved and clarifies each person's needs and interests related to those issues.

❋ AGREEMENT DRAFTING

If you reach a full agreement, the mediator drafts a Memorandum of Understanding or a Marital Settlement Agreement. This document formalizes the terms you agreed to.

❋ Negotiation Sessions

This is where the core work happens. The mediator guides discussions, helps you brainstorm options, and facilitates the exchange of settlement proposals. They may use "caucusing" (meeting privately with each person/side) to explore compromises.

❋ FINALIZATION

The written agreement is typically reviewed by each spouse's independent attorney (recommended) before being signed and filed with the court to become part of the final divorce decree.

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What to Exptect in Mediation

Your personal preparation and approach significantly impact the success and speed of mediation.

“Be prepared to compromise. You will not get everything you want, but you will have control over the final outcome.”

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❋ COMPRoMISE

Mediation can be emotional, but you need to focus on the business of divorce and your future, not past grievances. Be respectful and try to stay calm.

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❋ EMOTIONAL CONTROL

Clearly define your non-negotiables and the issues you are willing to concede on. This clarity helps in effective negotiation.

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❋ PRIORITIES

Gather all requested financial documents and information well in advance. Delays in providing information will prolong the process and increase costs.

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❋ INFORMATION

Mediation may take one session or several, depending on the complexity and the level of cooperation. Be prepared for it to take a few weeks to several months.

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❋ TIMEFRAME