Mediation FAQs
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We understand that you may begin mediation worried about having little or no knowledge of divorce. In our years of experience, some of the concerns expressed by clients beginning the mediation process are:
- Limited or no understanding of financial issues
- Lack of knowledge of the legal aspects of divorce
- Questions about what is fair
- Issues pertaining to health insurance
- Poor or inadequate communication with their spouse
- Fears that children will be adversely affected by divorce
- Concerns that divorce will be unnecessarily acrimonious and lengthy
- Desire to avoid expensive attorney representation
- Immediate and Future Cost Savings
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By choosing mediation you will:
- Have one impartial mediator who works for both of you
- Receive a settlement that is fair to each of you – regardless of whether one person knows more then the other
- Achieve a settlement in less time, less stress, and less money than with an attorney‐driven divorce
- Avoid the adversarial costs of subpoenas, depositions, interrogatories, pre‐trials and other court expenses
- Attend a one‐time court hearing rather than multiple costly hearings
- Resolve future issues, such as the responsibility for college costs and thereby avoid going to court
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All mediated clients are required to submit full documentation of all compensation and income, assets (real estate, retirement, accounts, trusts, etc.), liabilities (mortgages, credit cards, etc.), and insurance coverages. Your mediator will compile the same documents as a divorce attorney, yet you will not be required to pay for subpoenas and other documentation discovery tools. Your mediator will carefully review all of your documents.
Judge Approval
Most people do not realize that the judge of the Probate and Family Court has total authority over whether to approve or not approve your divorce understanding. Because of our institute’s years of experience writing comprehensive and equitable settlements, the scribes respect and appreciate our well written and detailed Memorandum of Understanding.
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- Legal custody of minor children
- Physical custody and parenting schedules
- Child support
- College costs, educational trusts, and custodial accounts
- Tax deductions, exemptions and capital gains issues
- Marital residence: buyout, transfer, sale, joint ownership, and tax issues
- Capital gains tax considerations upon sale and transfers of property
- Medical insurance coverage for children and ex‐spouse
- Life insurance coverage
- Alimony/Maintenance
- Self‐employed, subchapter S, C. Corp., business income and interest
- Retirement/pension plans: 401(k), 403(b) TIAA‐CREF, IRA
- Brokerage, bank, and investment accounts
- Stock options, stocks, bonds, whole/universal life insurance
- Federal and State income taxes
- Investment/rental property: income, expenses, ownership and taxes
- Vehicles, house contents, and miscellaneous assets
- Liabilities: credit card debt, car loan and lease, mortgage and equity line, promissory note, educational debt, and other liabilities
- Other issues pertinent to your situation
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You do not need an attorney to represent you. While a mediator does not represent clients, your mediator is working for the both of you. You may choose to consult with an attorney during the mediation process, and if you have retained an attorney, or filed for divorce, you can still mediate and obtain the benefits of mediation.
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Often, individuals are not equally ready to end a marriage. The reluctance of one person takes the form of hesitation, questions, fear, anger, lack of information to make a decision, etc. That doesn’t mean the person can’t mediate, but it does mean that the process may take longer and require more hands-on assistance.
Extra time to answer questions and explain the process can be reassuring to a hesitant or misinformed spouse. Typically, their concerns or questions are regarding emotional issues, child custody, child support, alimony, whether to keep or sell the marital residence or other complex financial issues which require some investigation and analysis.
Find out About Divorce Mediation
Find out about our Mediation Process
Find out about our Mediation Fees