The Mediation Process

Mediation is a process in which spouses have the discussions about what will go into their Separation Agreement (parenting arrangements, division of marital property, support, etc.) with the help of a skilled, neutral mediator. The mediator will not provide legal advice. The couple meets with the mediator for up to four 2-hour conferences. Prior to and in between mediation sessions, each spouse has a Separating Together Attorney with whom they may consult to answer questions or get legal advice. The spouses and their attorneys sign the collaborative pledge prior to the mediation sessions. The services provided by Separating Together attorneys are the same as for the Collaborative Process, except that the attorneys do not provide up to four 2-hour collaborative law sessions. Following the final mediation session, the couple, the mediator, and the attorneys meet as a group to discuss the agreements reached. The attorneys then jointly prepare the legal Separation Agreement and Property Settlement based upon the agreements reached in Mediation. This process is appropriate when both spouses feel reasonably competent to negotiate for themselves with the help of a neutral third party. The use of this process reduces the fee for Collaborative Divorce by approximately 25%.