Frequently Asked Questions about Mediation

1. What happens during a Mediation?

Divorcing parties work with an impartial third party or Mediator to reach an agreement on the relevant issues regarding their divorce.

2. Are we good candidates for a Mediation?

If you and your spouse have reasonable expectations regarding important issues such as child custody, child support, alimony and asset division, you may be able to settle your divorce with the help of a mediator.

2. How many times will the Parties meet with the Mediator?

The Parties meet with the Mediator as often as needed to draft an agreement.

3. What are the Mediator’s responsibilities?

The Mediator educates the Parties on the law, informs the Parties about what other couples and the courts have done in similar circumstances, and assists them in drafting a Separation Agreement.

4. Is the agreement binding?

Agreements reached through Mediation are non-binding and cannot be enforced in court. However, after an agreement has been reached, the Parties may present the agreement to the Judge in Probate and Family Court, and it will be entered as a binding agreement.

5. Can I have my own attorney review the agreement?

Yes, both parties are given the opportunity to have the agreement reviewed by their own counsel.

6. What is the advantage of using a Mediator?

Mediation is less costly and time-consuming than litigation.  In addition, couples who use a mediator are more likely to maintain a civil post-divorce relationship.
If you are considering Mediation, please call Patricia S. Fernandez & Associates. Our legal team is dedicated to helping you choose the strategy that is right for you.

 

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