What is Divorce Mediation?
Divorce Mediation is a Rhode Island (RI) and Massachusetts (MA) court-approved alternative to divorce litigation. Mediation is a private and confidential process that can help people dissolve a marriage or domestic partnership once a decision to separate has been reached. Mediation provides the opportunity to negotiate mutually beneficial agreements that include property settlement, spousal support, child support and custody with the assistance of a trained facilitator. It is a voluntary process, and either party has the right to end it at any time. While mediation may not be the right solution for every divorce, it can be a relatively quick and inexpensive way to define the terms of a divorce with minimum conflict.
What is the Role of the Mediator?
A mediator in Rhode Island (RI) and Massachusetts (MA) is a neutral party trained to help couples resolve the inevitable disputes that arise during separation. The mediator brings knowledge and experience that provides a context for decision making and helps the couple explore all the options available to them – and the consequences of those options. At the end of the mediation, the mediator will prepare a Marital Settlement Agreement that summarizes the agreements reached.
What are the Benefits of Mediation?
One of the most important benefits of mediation is that it promotes a spirit of cooperation that can influence how a couple relates to one other in the future. This is particularly important for the well-being of the children involved. Mediation is also a useful method of resolution when probate disputes and family business issues are involved.
Another major benefit of mediation is that a couple can create an agreement that meets the needs of their own unique situation. By contrast, in a litigated divorce, a judge decides all contested issues according to standard legal criteria that may not necessarily fit the needs of those involved.
What Role do Lawyers Play in Mediation?
Following the mediation process, clients arrange for an attorney to review the agreements reached in mediation. All clients in divorce mediation are advised to retain separate counsel to review this agreement.
How Much Does Mediation Cost?
This can be difficult to predict, as cost ultimately depends on the complexity of the issues involved, the level of conflict, and the manner in which the parties process information. A good mediation should not be rushed. It is important to take the time necessary to ensure that both parties are satisfied with the agreement that is reached.
That being said, the total cost of mediation can often be significantly less than the cost of a litigated divorce. Additionally, since there are no retainer fees and mediation fees are paid after each session, clients can maintain control of their expenses.