"Changing the Direction of our Divorce Culture"

Families In Transition Mediation Services
'Mediate Don't Litigate' A Guide to Mediation

What is Mediation?

Mediation is the process of bringing about a peaceful settlement or compromise between individual disputants through the objective intervention of an experienced impartial third party. The impartial third party, or mediator, interacts closely with both parties to work out a legal agreement, Memorandum of Understanding (MOU), based on both parties' needs and desires.

Why should I use mediation instead of Litigation for divorce?

Mediation is the peaceful, less expensive alternative to the costly, adversarial legal divorce process. Divorcing through the mediation process will not only save you time, but it will save you money and greatly reduce emotional distress. Most importantly, it puts you in control and allows you to create a future that works for you and your children. In a litigated divorce, you have no control.

How much does mediation cost?

Mediation costs much less than traditional litigation. There are absolutely no retainer fees for mediation and you pay as you go. Hourly fees are billed to the couple or separately. The key is that the time required is predictable and limited. Fees can range anywhere from a total of $1,000-$3,000 for the entire process, depending on the complication of the issues to the couple as in any forensic report that may be needed.

How long does a divorce take using the mediation process?

he process depends on you. You can proceed as quickly or as slowly as you desire. Standard divorces using mediation take 3-6 weeks, and only a few months to finalize. Litigated divorces often take a year or 2 or many years to finalize.

How do I choose a mediator?

Experienced mediators will have completed dozens of mediations from start to finish. Referrals are always the best way to select a mediator. When looking for a mediator, check his/her credentials and ask to speak to couples who've experienced their completed work.

What if I change my mind about mediation?

Choosing mediation does not mean that you give up your right to go to court, (Due Process). If you decide that mediation is not right for your situation or if you are not completely pleased with the process, though it is rare, you can stop at any time, retain a separate attorney and proceed with the traditional litigation process, where a judge would decide the outcome of your divorce, and not you.

Do I have to get a separate lawyer to complete the paperwork?

Any mediator must have an attorney review and finalize the legal work. Most mediators have attorneys they work with. In N.Y. most mediated settlements utilize review attorneys. Even attorney/mediators utilize another attorney to formalize their MOU. That attorney draws the separation agreement and prepares a legal binding settlement agreement (stipulation).

How will mediation affect my children?

Mediation will greatly benefit your children as it helps prevent heated custody battles, easing your children's distress. Throughout the mediation process you help decide what is best for your children including custody, child support, visitation and other parenting concerns. In addition, it gives your children the opportunity to see their parents are still able to work together to make important decisions.