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Mediation is a three-way process involving the mediator
and the two people needing resolution of a dispute.
The mediator remains neutral and does not advocate for
either party. Instead, the role of the mediator is to
facilitate the communication going on between the two
individuals. The mediator helps the individuals in mediation
work out an agreement that each thinks is fair, given
their particular circumstances.
The mediator can be an attorney, but when an attorney
is serving as a mediator, the mediator-attorney does
not give legal advice. If someone in mediation wants
legal advice between sessions, that person is free to,
and should, consult with an attorney.
When entering into divorce mediation, each person agrees
to voluntarily share complete and accurate financial
information with the other. This is an essential component
of divorce mediation because it is an out-of-court process.
There is no way for one individual in mediation to “compel”
the other person to produce information or documents,
as one could with court discovery procedures such as
interrogatories, depositions and document requests.
So good faith and voluntary truthful financial disclosure
are critical elements of mediation.
Mediation is a confidential process. If the parties
end up in court in a contested proceeding, the mediator
cannot be called as a witness and the mediator’s
notes are also confidential.
If experts such as CPAs, financial planners, and real
estate appraisers are needed during mediation, they
are retained jointly. Their work is also confidential
and limited to the mediation process.
If the divorce mediation process has been successful,
the attorney-mediator will prepare the final agreement
(known as a “Separation Agreement”) and,
if there are minor children, a Parenting Plan. These
must be signed by both parties. One of the individuals
then files a petition for dissolution of marriage in
court. The Separation Agreement (and Parenting Plan)
will be presented to the judge in a non-contested proceeding.
If the judge accepts the Separation Agreement (and Parenting
Plan), the judge will enter a Judgment of Dissolution
of Marriage.
If the mediation process is used for a dispute that
does not require court approval, (for example, the dissolution
of a domestic partnership), the attorney-mediator will
prepare an Agreement for both parties to sign.
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- $150 per hour
- No retainer for sessions
- $750 fee for Separation Agreement
- $200 fee for Parenting Plan
- Document preparation fees paid in advance
I will meet with prospective clients for a free 30-minute
consultation to explain the three processes for getting
divorced and fee structure for your particular matter.
Please contact my office at (314) 863-3321.
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