About Divorce Mediation

Lian, Zarrow, Eynon & Shea offers divorce and family mediation as an alternative to the traditional, litigated divorce.

Mediation offers divorcing, separating spouses and couples with marital problems a fair process in which they can discuss and decide for themselves arrangements for their children, support, conduct and division of their property. The husband and wife jointly hire a neutral mediator. During a series of face to face mediation sessions the couple works out a mutually satisfactory plan covering the children’s living arrangements, the financial needs of the family members, the retention or sale of the home and the division of other assets and debts. Mediation, and the resulting agreement, is based on full disclosure of all assets, liabilities, expenses and income. Both parties are free to consult with a lawyer or other advisor at any time and it is recommended that each do so during the process. The mediator does not give legal advice to the parties or recommend a particular solution. As questions arise, each may seek independent legal advice. The mediation process is designed to reduce the adversarial element often encountered in a divorce proceeding and to save time and money.

Once an agreement is reached, the mediator will write a draft for the spouses to review with their respective lawyers before signing. The completed and signed agreement may be enforceable as a contract and, if part of a divorce, may be presented to the court for approval and to become the judgment of divorce.

The Requirement of Commitment:

The mediation process will work only if the husband and wife are willing to make a good faith effort to reach agreement. There is no legal obligation to agree; any commitment to the process and its result comes voluntarily from the people involved.

The Benefits of Mediation:

The mediation process can be significantly less expensive and less painful for the family than the protracted battles that are often part of divorce or other family litigation. When children are involved, studies indicate divorce agreements are usually far better for the children than those imposed by court order. The structured process allows the husband and wife to establish their own goals and design for themselves, with the mediator’s help, the best way to achieve them. Most litigated cases reach settlement. Mediation may help the parties, and their children, come to agreement on a more peaceful basis.

The Cost of Mediation:

Most couples take about four to eight or ten hours of mediator time to complete their agreement. The time may vary depending upon financial complexity and other factors. No retainer is charged and the fee for each session is payable at the time of the session.

Here are some observations about mediation:

·        The family usually knows better than anyone else what is best for its members.

·        When spouses can decide for themselves, there is a reduction in feelings of frustration, anger and helplessness.

·        When spouses can talk and listen to each other, each feels less threatened by the other.

·        Self determination, rather than orders imposed by a court, reduces conflict and increases the chance for compliance with a plan developed by the parties themselves.

·        When parents can reduce their conflict over any issue, their children benefit directly.

·        People will change during and after the divorce. A plan worked out by them can be more flexible in adapting to their changed circumstances.

·        By hiring a mediator to help them work out an agreement, parents can save themselves time, money and frustration.