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Countryside Road

Divorce Mediation

Why mediate a divorce instead of going to court?

Mediation with a trained therapist can be a better option than using attorneys for a divorce for several reasons:

  1. Cost-effective: Mediation is usually less expensive than hiring attorneys to represent both parties in a divorce. Mediators charge a flat fee or hourly rate, which is often significantly less than the cost of retaining two separate lawyers.

  2. Faster: Mediation can be completed more quickly than a traditional divorce. This is because there is no need to wait for court dates or for attorneys to negotiate on behalf of their clients.

  3. Less adversarial: Mediation is a more collaborative and cooperative process than litigation. The mediator helps the parties reach a mutually acceptable agreement, rather than advocating for one party over the other.

  4. More control: In mediation, the parties have more control over the outcome of their divorce. They can work together to find solutions that meet their unique needs and priorities, rather than relying on a judge to make decisions for them.

  5. Confidentiality: Mediation is a private process, which means that the parties can keep their personal information and negotiations confidential.

  6. Better for children: Mediation can be less stressful and traumatic for children than a traditional divorce. By working together, the parties can create a more amicable and cooperative co-parenting relationship, which is better for the children involved.

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Flat-Fee Divorce

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How is mediation different than
a "collaborative divorce?"

Mediation has mamy advantages over "collaborative divorce" which, while it may sound like mediation, is actually quite different. Collaborative divorce is a type of divorce process in which each spouse hires their own attorney, along with a mediator or other neutral third party. This means that at every negotiation you are paying the hourly rate of three different professionals. While collaborative divorce can be a more amicable and less adversarial way to divorce than the court system, it does not necessarily save time or money. Here are a few reasons why:

  1. Additional professionals: In addition to attorneys, collaborative divorce may also involve other professionals, such as financial advisors or mental health professionals. While these professionals can be helpful in resolving disputes and providing support, their services can add additional costs to the process.

  2. Length of the process: Collaborative divorce can take longer than other types of divorce processes, particularly if there are complex issues to be resolved. This can result in higher attorney fees and other expenses.

  3. Failure to reach an agreement: If the parties are unable to reach an agreement through collaborative divorce, the process may need to be abandoned and the parties may need to start over with a new approach, such as mediation or litigation. This can result in additional costs and delays.

  4. Lack of experience: Not all attorneys are trained in collaborative divorce, and those who are may charge higher fees for their specialized skills and experience.

One of the primary benefits of a flat-fee divorce mediation process is that it can be much more cost-effective than a traditional divorce process. With a flat-fee structure, you pay a set amount upfront, which can help you avoid unexpected fees and expenses later on, and prevent professionals from attempting to draw out the time it takes to settle your case in order to bill you more. Because the mediator is focused solely on helping you reach an agreement, you can often resolve your divorce more quickly and efficiently than if you were to go through a lengthy court process. With flat-fee divorce mediation, you have more control over the process and can tailor it to your specific needs and concerns. You and your spouse can work together to find creative solutions that meet both of your needs, rather than being bound by a judge's decision. It leaves the control of your own finances, family, and schedule in your own hands. Divorce can be a stressful and emotionally-charged process. Flat-fee mediation can help reduce stress by providing a more collaborative and supportive environment in which to resolve disputes. By working together with a mediator, you can learn to communicate more effectively and build a foundation for a more cooperative co-parenting relationship in the future.

My Approach

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Whether you decide on a flat-fee divorce or individual mediation sessions, our process will generally follow these steps:

  1. Initial consultation: The first step is usually an initial consultation. During this meeting, I will explain the mediation process, answer any questions you may have, and gather information about your situation. We might also develop goals for our time together.

  2. Agreement to mediate: If you decide to move forward with mediation, you will need to sign an agreement to mediate. This agreement will outline the scope of the mediation process.

  3. Mediation sessions: The actual mediation process typically involves a series of sessions in which you and your spouse work with me to identify issues, explore possible solutions, and negotiate a settlement agreement. The number of sessions required will depend on the complexity of your case and the progress you make.

  4. Settlement agreement: Once you and your spouse have reached a mutually agreeable settlement, tI will help you prepare a settlement agreement that outlines the terms of the agreement. You and your spouse will need to review and sign the agreement before it can be finalized.

  5. Legal paperwork: After the settlement agreement is signed, I will hand you off to a paralegal who will make sure everything is filed correctly. 

Schedule a free consultation to discuss if divorce medition is right for you.

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