Frequently Asked Questions
What is mediation?
Mediation is an alternative dispute resolution process in which you and your spouse meet with a neutral mediator to discuss and resolve issues in your divorce or separation.
Divorce mediation is meant to be an empowering experience, blending the psychological, family systems theory, and legal aspects of the process of separation. In contrast, adversarial divorce proceedings have been shown to have long-term, negative impacts on the participants and their children. Seeking a mutual agreement, on the other hand, has many benefits.
The goal of divorce mediation is to settle any issues that have arisen in the process of separation, and then to record a settlement agreement. This agreement will serve as your divorce decree after it is approved by a judge.
What types of issues can we work on in divorce mediation?
Prenuptial agreements; child custody and parenting plans; child support; alimony; division of marital property and debts.
What are the benefits of mediation?
Lower cost. Resolving disputes in mediation eliminates the need for lengthy and costly court proceedings. The median cost of going through a divorce when both parties are represented by an attorney is $12,000 per individual. This is 24 times higher than the average cost of mediating a separation out-of-court.
Control. Mediation gives you more control over your time and the outcome. It puts your future in your hands by enabling you to determine the outcome of your separation on your own terms.
Faster Resolution. The median time to resolve a separation through the court system, from the start of negotiations to the final ruling, is eight months. Mediation allows you and your spouse to determine the pace at which a resolution in your divorce may be reached. Mediation does not negate the mandatory 60-day waiting period before a court will grant dissolution of a marriage.
Encourages a Peaceful Separation. Litigating a divorce in court tends to foster hostility and more conflict, even once the divorce has been finalized. Mediation encourages spouses, whether they have children or not, to work together to navigate the process of separation.
When is mediation a bad idea?
Mediation is never a bad idea! In fact, even in contested divorce cases, depending on the jurisdiction, the parties will be ordered to attend mediation before litigating their issues in court. Mediation may not lead to settlement in cases where the issues are particularly complex or the parties are particularly combative.
What is included in the cost of mediation?
The total cost of mediation includes session planning, email correspondence, phone calls, and the length and number of mediation sessions.
How is mediation conducted?
I have found that conducting mediation via Zoom works very well for my clients. In-person mediation is also possible upon request.
Do I need an attorney for mediation?
No. It is not necessary to retain an attorney to successfully mediate or record a settlement agreement. As a mediator, I can give you legal information, but I cannot provide legal advice, so I encourage clients to seek legal representation if they feel legal advice may benefit them.
What if my spouse wants a divorce, but I don’t want to get divorced?
Indiana is a “no fault” state, which means that filing for divorce only requires one party to initiate the process for any reason. Legal separation can be an appropriate alternative to divorce when the parties involved are working through couples counseling, and would like an enforceable order ensuring various protections.
What does a mediator do and how is hiring a mediator different from hiring a lawyer?
The role of a mediator is to facilitate a dialogue between the parties and encourage conciliation and settlement, when possible. While I can give you legal information, I am not your legal representative, and I cannot give you legal advice about any particular issue or circumstance. In mediation, you are empowered to represent yourself, your interests, and the best interests of any children. I assist the parties with the identification of important issues, including points of disagreement and consensus. I help clarify misunderstandings between the parties, explore possible solutions, and negotiate settlement, when possible.