If you have ever been involved with attorneys in litigation, you know it can be
extremely expensive. Litigation is time consuming and that means large fees based
on hours and related office expenses including telephone, faxes, photocopying, postage, etc.
Mediation, whether divorce or civil, gives the parties involved the chance to
discuss in a non-adversarial environment, their conflict, usually financial.
Financial problems, in divorce mediation, can be analyzed with an open mind.
Probably 80% of the issues are irrelevant and easily agreed upon.
The two or three major financial issues, i.e., retirement plans, real estate,
business, life insurance, and other assets and liabilities, can now be
reviewed as to how they are to be valued and by who.
Other professionals may need to be utilized because of their areas of specialization,
i.e., actuaries, real estate brokers, engineers, business valuators, etc.
Many times the parties, with the aide of the mediator, can agree on the values of the
assets and liabilities.
With all the above values agreed to, child support and their educational requirements
and alimony as needed will be discussed in conjunction with allocation of assets and
liabilities net of tax ramifications, custody and visitation.
A Memorandum of Understanding, written by the mediator and agreed to by the parties,
can now be given to an attorney to draw the Property Settlement Agreement and and
other necessary legal papers.
Both parties, their attorneys and the mediator should agree on the final documents
and most important, “BOTH PARTIES CAN LIVE WITH IT”.
Co-mediation is important when there are areas where the need for a mediator
with skills in another field will bring a solution to a specific problem.
Attorneys, as well as knowing the law, have the expertise to discuss current
trends in the courts, help review or prepare Case Information Statements and
Child Support Guidelines and other related areas.
Certified Public Accountants, as well as knowing the income tax laws and how
to interpret financial reports, have extensive knowledge on living and educational
expenses, retirement plans, K-1 statements, brokerage statements, etc.
Social Workers, Psychologists, Clergy, etc. are more attuned to family and child
situations and matters related thereto.