Divorce Mediation
A Better Way
The important thing to remember in going through a divorce is that it is better to come to an agreement than to litigate the case. It is also better to walk away from small differences in your and your spouse’s positions than to continue to litigate it and incur legal fees that threaten to take a large portion of your marital estate.
What is mediation?
Mediation is a voluntary, cooperative process in which the parties work toward resolving their own disputes in a private setting with assistance of a trained and impartial mediator. The mediator serves as a guide to the parties during their negotiation efforts. The mediator guides the parties in communicating effectively, gathering and analyzing information, defining issues, generating alternatives, exploring consequences, and reaching agreements acceptable to both parties. The mediator drafts an agreement that reflects the understanding of the parties. The mediator does not make decisions or create agreements for the parties; the parties are responsible for the terms of their own agreement.
Mediation covers the full spectrum of divorce issues:
- Support
- Custody
- Divorce
- Alimony
- Equitable distribution of property
- Payment of counsel fees
- Continuance of insurance coverages
- Prenuptial agreements
- Enforcement of property agreements
- Enforcement of court orders
- Any dispute that relates to a family law matter
What do I need to know before beginning mediation?
While I encourage clients to have legal representation throughout the divorce process, please be aware that I, as your mediator, am not permitted to represent you. But a lawyer can advise you on the process during the course of mediation or at least review the final agreement. You will also need a lawyer to process the final divorce papers, which is a simple thing to do once a property settlement agreement has been signed.
You are not required to bring anything to your first mediation session, and we will discuss any materials and documents you must bring to subsequent meetings.
Since every marriage is different, every divorce is different, and there is no set number of mediation sessions you must attend. It is strictly up to you and your partner. Since you pay as you go, there is no commitment to make an appointment for another meeting. The mediation process is strictly in your and your partner's hands. If I feel that after several meetings there is little progress, I will advise both of you to seek individual lawyers and continue the process with their assistance. Hopefully, you will have not wasted time because we will have developed much of the information that your lawyers will need in order to proceed with the case.
Will my divorce be easier to handle with mediation?
Mediation does not take away any grief or pain that is caused by separation and divorce. It does, however, provide a faster and cheaper way to resolve issues if both parties are committed to the process. The most important benefit of mediation is that both parties have input into the final decisions. Agreements can be sculpted to fit the particular situation of a family rather than having to fit the family problems into some statutory framework.
I may be sentimental, but I also believe that by mediating, the parties, in effect, are able to maintain more of their self esteem because having the power to make these decisions and control the outcome to some extent helps the individual feel a sense of worth and also helps the individual to see his or her partner as more worthy for undertaking the process. Also, as many of my clients have heard me say, the better the parties are able to communicate and work out solutions to problems between themselves, the better chance that the children will be healthier and happier. The family, although not intact, will be able to move more easily and happily through all of the milestones of life, such as graduations, weddings, birthdays, holidays, and all of those events which tend to bring a family together.
Helping families move forward
At the law firm of Madeline H. Lamb in West Chester, my staff and I counsel individuals and families to resolve their legal issues. Call 610-692-8461 or contact our law firm online to begin resolving your case today.
