Divorce Mediation FAQ's

Divorce Mediation FAQ's

• What is divorce mediation?

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  Divorce mediation is a voluntary, out-of-court process where a neutral mediator helps couples reach agreements on property division, financial support, custody, and parenting schedules. These agreements are then put into a legally binding written document.

• How is mediation different from litigation?

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  Mediation is typically faster, less expensive, and less adversarial than litigation. It promotes cooperation and allows couples to maintain control over their decisions, whereas litigation often involves lengthy court battles and decisions made by a judge.

• Do both parties have to agree to mediation?

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  Yes, mediation is a voluntary process. Both parties must be willing to participate and work collaboratively toward an agreement.

• What happens if we cannot reach an agreement through mediation?

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  If mediation does not result in an agreement, you may need to pursue another process, such as litigation. The mediator cannot force either party to cooperate or sign an agreement.

• Is mediation suitable if there are children involved?

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  Yes, mediation can be a great option for couples with children. It allows parents to work together to create customized parenting schedules, including shared parenting time, holidays, and school breaks, in a way that best suits their family's needs.

• How does financial disclosure work in mediation?

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  Mediation requires both parties to voluntarily disclose all financial information, including income, assets, and liabilities. This ensures transparency and fairness in reaching agreements on property division and financial support.

• Can we use other professionals, like accountants or appraisers, during mediation?

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  Absolutely. Couples can engage professionals such as forensic accountants, financial planners, and real estate appraisers to provide expertise and assist with complex financial matters during mediation.

• Is mediation less expensive than other divorce processes?

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  Yes, mediation is typically less expensive than both litigation and collaborative divorce. The cooperative nature of mediation often reduces the time and legal fees involved.

• What types of divorces are best suited for mediation?

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  Mediation works well for couples who:

  • Both want a divorce and are willing to participate.
  • Share financial transparency and have access to all financial information.
  • Can cooperate to create parenting schedules and share responsibilities.

• Are there situations where mediation is not a good option?

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  Mediation may not be suitable if there is:

  • Domestic violence or substance abuse.
  • A significant power imbalance between the parties.
  • Hiding or withholding of financial information.

• What is the mediator’s role?

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  The mediator acts as a neutral party, facilitating discussions and helping the couple reach agreements. However, the mediator cannot provide legal advice, force cooperation, or make decisions for the parties.

• Is the agreement reached in mediation legally binding?

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  Yes. Once both parties agree on the terms and sign the final agreement, it becomes legally binding and enforceable.