In Mediation, the couple proceeds through a series of steps.
Briefly these are:
A. Both spouses attend an orientation session in which a
detailed explanation of Mediation is given. Parties are encouraged
to have separate counsel to advise them of their legal rights
as they go through the process of mediation.
B. After the couple decides to mediate, they sign an Agreement
to that effect covering the scope of the Mediation. At that
time they will also sign a Fee Agreement and are asked to
make a deposit covering the cost of the orientation and a
retainer fee against which the time of the Mediator will be
billed until depleted. The unused portion of this deposit
is returned upon completion of Mediation. If depleted prior
to the completion of the Mediation, the Mediator may require
an additional retainer. The Mediator may also allow payment
on a session by session basis with a smaller initial retainer
requirement to be applied to fees incurred in addition to
the sessions, such as the drafting of the Agreement, telephone
calls, research and administrative costs.
C. At the first Mediation session, the couple may enter into
a temporary agreement for the duration of Mediation to address
those concerns that require immediate and necessary resolution.
D. The remaining sessions are used to help the spouses arrive
at decision concerning any or all of the following:
1. Division of Property
2. Spousal Maintenance
3. Child Support
4. Parenting Schedules for the Minor Children
5. Any other Topic or Issue Agreed Upon by the Parties to
be addressed by the Mediator
E. The mediation culminates in a Memorandum of Agreement
which outlines the specifics of the couple’s separation
agreement.
F. The couple may consult with one or two attorneys concerning
the settlement reached or preferably, engage the advisory
services of attorneys throughout the process. Typically they
will have various questions regarding the tax implications
of their settlement. One attorney will then prepare a legally
binding final Settlement Agreement incorporating these elements
agreed to in Mediation. Once the couple signs this document,
they may then have it incorporated in their Divorce Decree.
