A Dive into our Divorce Mediation Process

When you decide to divorce, keeping it amicable requires mediation.
Learn here how our Divorce Mediation Approach can make your divorce mediation process easier for everyone involved.

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Mediation Session #1

The first mediation session lays the foundation for the divorce mediation process. This session provides an overview of what to expect and the role of the divorce mediator in facilitating constructive discussions. The agenda includes:

Understanding divorce mediation, the mediator’s role, number of sessions, and fees.
Identifying each party’s objectives for mediation.
Reviewing the mediation agreement (to be signed in a later session).
Discussing the legal process of divorce and the grounds for filing.
Addressing key issues that require immediate attention.
Outlining the topics to be covered throughout the mediation.
Compiling a list of essential documents for the next session.

At Mediation First, our experienced divorce mediator guides couples through this structured process with professionalism and empathy.

Mediation Session #2

In this session, we focus on developing a comprehensive parenting plan and gathering important financial data. The agenda includes:

Signing the mediation agreement.
Creating a parenting plan that supports the well-being of the children.
Private meetings with each party (caucus) to address concerns.
Collecting necessary financial and legal documents.
Providing budget worksheets for the next session.

A skilled divorce mediator helps navigate parenting arrangements to ensure a smooth co-parenting transition.

Mediation Session #3

The focus of this session is on data analysis for child support and distribution of assets and liabilities. The agenda for the third session will usually encompass the following:

Review child support based on child support guidelines.
Discuss other financial issues related to the children.
Review inventory of assets and liabilities.
Decide how to divide assets and liabilities.
Collect budgeting information.

Our divorce mediation approach ensures both parties have a clear financial roadmap for their post-divorce lives.

Mediation Session #4

The focus of this session is on budgets, spousal support and other outstanding issues. The agenda for the fourth session will usually encompass the following:

Review the party’s current and forecasted budgets.
Discuss what is needed if there are shortfalls including spousal support.
Review other outstanding issues including income taxes, religious issues, cost of the divorce, etc.…
Provide agenda for next session.

Mediation Session #5

The fifth mediation session typically brings the divorce process to a close. By reviewing and finalizing the Draft Memorandum of Understanding, both parties can confidently move forward, knowing that their interests and needs have been addressed with clarity and fairness. At Mediation First, our mission is to help you achieve a resolution that prioritizes mutual respect, enabling a positive transition to the next chapter of your lives. If you’re ready to take the first step toward an amicable separation, explore our Divorce Mediation Services and book a free consultation with us today.

“You may have underestimated how hard the process would be but don’t underestimate your strength and ability to regain focus.”

— Eric Friedman, Founder of Mediation First

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Frequently asked questions

How many meetings will divorce mediation take and what will those meetings involve?

In addition to a free thirty-minute consultation, you should plan on having at least five meetings that should average about ninety minutes each minimum. In general, our experience has been that the collective amount of time it takes ranges from eight to fifteen hours. The two variables are the number of children and the financial complexities of the couple.

Why choose mediation?

Divorce is a deeply challenging experience, impacting individuals and families both financially and emotionally. Mediation can help resolve issues related to child support, parenting schedules, custody disputes, spousal maintenance (or alimony), and other matters, in a private setting without the need to go to court. Mediation provides a constructive alternative by reducing tension instead of escalating it. With a mediator’s guidance, couples can actively negotiate their own settlements and acquire skills for future conflict resolution. This approach is ideal for those who wish to maintain control over decisions affecting their lives, especially concerning their children. Mediation is not exclusive to cooperative couples; it teaches productive collaboration despite emotional challenges. Additional professional services may be involved, such as accountants, lawyers, financial planners, career counselors, psychotherapists, and child psychologists, all available through our network of consultants.

How does divorce mediation work?

Rather than engaging in lengthy and costly court battles, Divorce Mediation offers an alternative approach. A trained mediator facilitates cooperative discussions between you and your spouse to reach a mutually agreeable resolution. The mediator assists in distinguishing the conclusion of the spousal role from the continuation of the parental role. Couples assess their current financial situation and plan for future needs under the mediator’s guidance, addressing both immediate and long-term concerns. The mediator concentrates on relevant issues, identifies potential options, and guides negotiations where you actively contribute to finding reasonable solutions. The objective is a mutually satisfactory agreement that considers the well-being of all family members, with the mediator fostering a balanced process where neither party is favored. Importantly, the mediator remains impartial, refraining from making decisions or advocating for either party and strives to ensure a fair and equitable outcome.

Will I need an attorney?

It is advisable for both parties in divorce mediation to seek independent legal advice and have separate attorneys review the agreement before signing it, as the signed agreement becomes a binding contract. While the mediator, even if a lawyer, cannot provide legal advice, legal information may be offered during the mediation process. The finalized agreement can serve as the foundation for an uncontested divorce.

How does mediation work instead of going to court?

Divorce mediation differs significantly from court litigation. The mediator works for, and with, both of you and is not a judge and has no legal power. The documents prepared are not legally binding until signed and the mediator has no power to compel you to do anything. If you feel your spouse is more powerful than you, this is one situation where you can say “no” as you are equal in this process. Litigation involves an adversarial process where attorneys vigorously advocate for their clients, often intensifying negative emotions. Subpoenas may be issued, and depositions may occur, involving sworn questioning in the presence of attorneys and a stenographer. This adversarial approach aims to gather information favoring one side and weakening the other for a judge’s decision in the absence of a jury. Divorce mediation, on the other hand, fosters cooperative negotiation rather than adversarial confrontation. You are free to stand up and leave at any time. But, mediation encourages you to work together and stay focused to problem solve. This is ultimately better than spending tens of thousands of dollars to have attorneys and a judge make the most important decisions of your life.

How does mediation save time and money?

Attorney fees for a contested divorce can easily reach fifty thousand dollars and accede one hundred thousand dollars. A contested divorce can take at least a year or up to two years to then resolve. Mediation fees rarely exceed five thousand to eight thousand dollars and the corresponding legal fees are minimalized because neither side is arguing. Both sides simply sign a common contract approved by their attorneys that is comprised of a series of points they have already agreed to in the mediation process.

How does mediation help my children?

Divorce is undeniably a challenging experience, especially for children. Engaging in a contentious legal battle, however, only exacerbates the difficulties. It is crucial to recognize that, despite the end of the marital relationship, your role as parents persists. Numerous studies emphasize that how you navigate divorce significantly impacts your children. Opting for mediation rather than confrontation allows you both to collaboratively address the details of the divorce, ensuring a more amicable resolution. Choosing not to go to war is a commitment owed to your children, prioritizing their well-being over adversarial disputes.

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