What Is Mediation And How Does It Work?


Mediation is a process in which two parties in dispute turn to a mutually acceptable third-party to help them find a solution — and about 70 percent of mediation interventions end with a positive result. It is a practice being used in many arenas, from government to business to divorce, as individuals and businesses seek to avoid the delays, publicity, and high costs inherent in litigation. In mediation, the emotional issues are acknowledged, but the focus is on working together to identify the issues and what’s important to everyone concerned. It is the mediator’s job to help you talk together directly in a way that leads to practical solutions. The mediator guides you and your spouse through a series of step-by-step confidential sessions to resolve issues which arise in divorce—support, division of assets/debts, custody, insurance. There is no game playing or siding with one spouse over the other. The sessions stay on task and get the job done. The entire process of mediation is done discreetly and confidentially, and your private information does not become public record, as it might if affidavits were to be filed in the course of traditional litigation.

How does the process work with Attorney Pat Fernandez & Associates?

  • She will meet with the parties to gain an understanding of what issues are to be resolved
  • A plan of action will be developed to obtain any information required to arrive at a fair resolution (e.g. house appraisal, pension valuation)
  • We will resolve issues of alimony and child support
  • We will divide assets and liabilities
  • We will reach agreement on custody and develop a parenting plan
  • We will discuss health insurance, uninsured medical expenses, tax issues and life insurance
  • Once agreement is reached, Pat will draft an agreement for you to review with your own attorney, if you choose to engage one (always recommended)
  • When the agreement is finalized, she will draft the other documents necessary to complete your divorce filing and schedule a hearing
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