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MediationWhat is divorce mediation? Most people are familiar with divorce litigation, which can cost in the hundreds of thousands of dollars. It is the so called 'adversarial' approach, where each party is typically represented by an attorney. Each side files motions, conducts discovery and prepares for trial. The fact is however, about 95% of cases eventually settle without the need of trial, after the parties have squandered a good portion of their assets. Marie Reidy sees divorce mediation as a sensible alternative to costly divorce litigation. Attorney Reidy is a certified family law mediator. She is a neutral and does not represent either party to an action, but simply assists them to come to their own sensible resolutions after identify the parties' issues and needs. The parties, either by themselves or with the assistance of their own attorneys try to find workable solutions to their problems and needs with Attorney Reidy's help. What happens at divorce mediation? Typically the parties and the Mediator meet in a neutral setting and discuss the same topics which would need to be identified in a contested divorce case. For example, if there are minor children, parenting schedules, plans, child support, college and extracurricular activities would be discussed. Every case is different. Every couple is unique. Every party has issues
they feel are the most pressing and those are typically items that
will be addressed first after the preliminaries. Why choose an attorney as your mediator? Most parties want to have an attorney as their mediator, so that their final paperwork and agreements can be prepared. You want someone with whom you and your spouse are comfortable, feel is neutral and understands the legal, financial and emotional issues that frequently accompany your matter. Does mediation work in every divorce case? Of course, mediation does not work in every case, but it is very effective,
in most cases. Attorney Reidy does not accept cases where ongoing domestic
violence is an issue for the couple. How long will it take? How long the mediation takes depends upon you, your spouse, your schedules and the complexity of your situation and the level of agreement or disagreement that exists between you and your partner. For example, a couple who has been married for thirty years and has significant assets, such as several homes, retirements plans, a business and significant savings may take longer than the couple who has only been married for three months, rents and has no children. The lengths of the sessions are usually one to two hours every week
or every other week, depending on the issues at hand, the urgency and
how long it takes the parties to accumulate items they may need before
the next session. The Clients may communicate with Attorney Reidy in
between sessions via telephone, email, facsimile or written correspondence. At the initial session, Attorney Reidy will explain the divorce process, including divorce filing and time line. You will be provided with a list of financial documents, which need to be brought to the next session, present living arrangements will also typically be discussed. Thereafter, one or two issues per session will be addressed, including child custody, child support and alimony (if applicable), assets, liabilities and property division, health insurance, life insurance and tax consequences. At the final session, all paperwork will be signed, executed and each party given a copy of the Agreement. Discussion of Court etiquette and procedure will be discussed so that the parties will feel comfortable when they have to attend their hearing. Does the Mediator prepare the divorce papers? If the parties are unrepresented by counsel, Attorney Reidy will prepare the divorce papers and provide them to the parties with ample time for them to be reviewed (prior to the final session) and finalized before it is submitted directly to the Court in anticipation of your hearing. Your final Agreement will include: 1. Legal custody of the minor children Will you have to appear in court? Yes, except in very limited circumstances. The Mediator does not appear in court with you.
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