|
No matter what stage you have attained in your divorce, the process works as follows:
All fees must be paid no less than 7 days prior to the mediation date so as to give both partners enough time to complete the paperwork.
Cancellation of a mediation with less than 3 business days notice will cause ½ of all fees to be retained. (non-refundable and not credited towards a future scheduling)
In many ways divorce mediations are easier than civil cases. In divorce cases we are normally dealing with only 2 people plus the mediator.
Divorce mediation is NOTHING like counseling.
If both parties do not enter the mediation with a desire to reach some type of settlement, the mediation is guaranteed to fail.
Forwarding the questionnaire and asset list.
Different mediators have different operating methods. Some will review these documents and charge for that review, others will include the review in with their fee. We charge one hour to this review process.
Once the fees have been received, you and your partner will receive a password permitting you to download a © Copyrighted questionnaire and asset list - or it can be faxed, emailed, or mailed to both partners. We need these items returned no later than 48 hours before the mediation or you run the risk of using mediation time for review and preparation of scenarios.
|
|
Step 1
Both partners and their attorneys (if any) meet in one room.
We give a brief intro who we are and how we operate including rules of mediation under California law.
At this point each person in the room can make a 3 minute point regarding anything that has anything to do with the situation. If there are communications one partner wishes to be kept separate from the other partner, this is NOT the time to bring those up. This time is dedicated to permitting the mediator to get a general sense of where the partners are with the entire situation.
We then give a recap/synopsis to you of our view of the case to confirm that our view is accurate.
Step 2
In divorce mediations, as opposed to civil situations, physical separation of the parties usually only takes place when one of the parties makes the specific request or if we deem it necessary. Separation is sometimes necessary to maintain issue privacy or to maintain calm of spouses through the mediation process. Any communications that take place where parties have been separated are confidential under California law.
Step 3
Each partner is informed of our views and possible outcomes of the scenario and of a final scenario that we believe to be fair. (Obviously, if there is already middle ground that exists between the parties, we will utilize this as our starting point. We are NOT here to force our wishes, values, or ideas on any person.)
Step 4
The next period of time is spent with us attempting to reach agreement between the partners as to some type of settlement. This is where we cover alimony, child support, child custody, property division, asset division, etc.
Step 5
Once agreement appears to have been reached, that agreement is restated - with both partners present, exactly as we believe it to be. Upon confirmation that our interpretation of the agreement is correct, the actual mediation segment of the meeting is complete.
Step 6
Reduction to Writing. The agreed-to terms are now re-read. After this re-reading is complete, we request confirmation from each party (and their representative - if any) that what has been stated regarding the agreement IS ACTUALLY what has been agreed to. Once acknowledged that the re-reading is what has been agreed to by all parties, a summary draft of the key points with the words “this agreement is intended to be legally binding” is quickly drafted and all parties present sign this document. NOTE: Also, since the actual mediation has terminated at Step 5, when the reading of the agreement is taking place (Step 6), the rules of evidence under California Civil Codes (most notably s.1119) no longer apply.
The Written Agreement IS A LEGALLY BINDING AGREEMENT
You're Done
Congratulations. You have now settled in one day what takes some people up to 5 years. You have saved tens of thousands of dollars in legal fees. You have saved countless hours of agony and attention surrounding a lawsuit.
Even when you are on the side of right, lawsuits take a heavy toll on one’s mental, physical, and monetary well being. You have done both the intelligent and the right thing.
NOTE: while issues such as child custody (if
applicable), alimony/child support (if any), asset distribution, and so forth have been handled, the actual divorce paperwork must still be completed, filed, and stamped by a judge. Parties may go to the local courthouse and complete the paperwork together or they may go to a legal services company and have the paperwork completed there. |
