Dear Broken Hearted Girl,

Here's an article from the National Conflict Resolution Center. This is yet another way that you can sole your post-divorce problems without going through an expensive lawyer. If you're having issues with children, parenting issues or spousal support, then please read on.

Feel better!

-MJ


What happens during post-divorce mediation?
Mediation sessions are informal but structured discussions guided by the mediator. Both parties are given the opportunity to speak without interruption, describing their view of the current issues for possible modification. The mediator structures the discussions to help clarify the issues and move toward an agreement. NCRC recommends that the parties separately consult with attorneys of their choice for legal advice regarding any issues addressed at the mediation.

What are the advantages of post-divorce mediation?
Mediation provides a unique opportunity to develop mutually acceptable outcomes tailored to the individual clients

It is convenient, cost effective, less stressful, informal, confidential, non-adversarial, and no court appearances.

Mediation sessions are arranged at mutually convenient times at sites throughout the County. Evening appointments are available.

What types of issues can be addressed in post-divorce mediation?
Issues that are important to the parties can be addressed, including scheduling time with the children, parenting issues, spousal support, child support, and financial issues.

What should I bring to post-divorce mediation?
The parties should bring a copy of any existing orders and Final Judgment, including the Marital Settlement Agreement (MSA). During the first meeting the mediator will work with the parties to determine what information will be needed for further sessions, such as personal income and expenses.

Will the mediators prepare legal documents?
Yes. The mediators will prepare or assist in the preparation and filing of documents required by the court. The mediators will not provide legal advice, but will provide legal information. The agreement reached in the mediation is called a Marital Settlement Agreement (MSA) and can be filed by the mediator.

Who are the mediators?
All NCRC divorce mediators are experienced family law attorneys with more than 30 hours of mediation training. NCRC staff provides supervision and continuing education. Clients may request a specific mediator from the panel listing or ask NCRC to make a selection for them.

How much does post-divorce mediation cost?
NCRC charges a one-time administrative fee of $100 per case payable at the first session.

NCRC charges $250 per hour for the time spent in the mediation session. A mediation session usually takes approximately two hours. The fees are split between the parties or as they otherwise agree. Most post-divorce issues can be completed in 1 to 3 sessions. Payment is due at the end of each session. Visa and Mastercard are accepted.

There is a fee for drafting the legal documents required to formally complete a stipulated order. The 'document fee' amount will be determined by the mediator based on the approximate time to prepare the order. When the mediator is ready to draft the order, he or she will request a 'document fee', which is due before the mediator begins.

If any court filing fees are due, the parties are required to remit those funds to NCRC. The mediator will be able to determine if such fees will be required after the first session.

NCRC requires a credit card guarantee of the first hour of the first appointment. Nothing is charged on the card unless an appointment is missed or not cancelled with at least 48 business hours notice.

How long does it take to schedule post-divorce mediation?
After both parties agree to participate in mediation, the first session can be scheduled within two weeks.

Do both spouses have to agree to post-divorce mediation before calling the National Conflict Resolution Center?
No. If either party is interested in mediation, our staff can contact the other party to discuss our services. However, both parties do not have to agree to the modification to benefit from the mediation process. If one partner is reluctant about or disagrees with the modification, the initial meeting may be to establish interim agreements and a time frame to reconvene to further evaluate the proposed modification.

Do parties need to hire their own attorneys?
Parties may choose to obtain legal, financial and other advice at any time in the mediation process. All parties are strongly encouraged to obtain a review of the MSA or the stipulated order by independent legal counsel prior to signing the MSA or the order. Attorneys are welcome to attend the mediation sessions to advise and counsel their clients with prior agreement of both spouses.

What is the role of the post-divorce mediator?
The role of the post-divorce mediator is to conduct a process which assists the parties in reaching mutually acceptable solutions, provide relevant legal information, help parties communicate productively on difficult issues, assist in generating options for resolving problems between parties, assist in developing terms of an agreement which are consistent with the principles of justice and fairness, discuss what might happen if the parties cannot reach an agreement in mediation and go to court or take other steps, and draft the stipulated order and file necessary documents.

It should be noted that the NCRC Post-Divorce Mediator will provide both parties with current, relevant legal information outlining the law applicable to their individual circumstances. The mediator will not advise the clients or make judgments on their behalf as to appropriate choices among those discussed during mediation. The mediator cannot provide legal advice to either party, because the mediator does not represent either one. The divorcing couple has control over any agreement made in the mediation process.