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Frequently Asked Questions | Divorce Custody MediatorWHAT DOES DIVORCE MEDIATION INVOLVE?

Only five essential issues need to be resolved in divorce cases:

1. Child custody

2. Support-child and spousal

3. Division of assets

4. Division of debts

5. Division of property

Once these issues are decided in mediation, a settlement agreement will be drafted. Once signed, it is filed with the court and becomes a binding judgment. You and your spouse never have to appear before a judge.

 

What time is required for the divorce mediation process?

Mediation typically requires from 2 to 4 sessions, depending on the complexity of the case.

The best predictor of how long mediation takes is your readiness to resolve the issues. Some cases take as little as one month, start to finish.

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HOW IS MEDIATION DIFFERENT FROM OTHER FORMS OF DIVORCE RESOLUTION?

Other options in resolving divorce disputes include the following:

Litigation: When couples are in dispute about how to resolve their divorce issues, each hires an attorney who argues their respective positions in court. If the couple is unable to settle out of court, the judge makes all the decisions.

Arbitration: A neutral third party, often a retired judge, makes decisions for the divorcing couple.

Collaborative law: Similar to mediation except that each party, with his/her own lawyer, meet together to discuss and resolve the divorce issues.

 

What are advantages of mediation over other forms of resolution?

Less traumatic for children who see their parents model successful conflict resolution skills

Conducive for creating an effective, cooperative co-parenting relationship after the divorce

Ideal for parents who wish to remain in control of decisions affecting their children rather than by judges or lawyers

More likely to result in compliance by both parties since both created the agreement

Emotionally less stressful

Usually faster and more efficient

Private and confidential

(1) The couple does not have to appear in court (2) Assets and debts are not placed in public record

Less expensive than litigation

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