Divorce Mediation
Mediation is a non-adversarial process of helping people come to agreement on issues like parenting arrangements, support of children and spouses and division of real and personal property.
At Kalfin & Kalfin, the attorney mediators act as a neutral third-party and assists you and your spouse, helping you to resolve the issues that are causing conflict and to make cooperative, informed decisions. One of the major benefits of mediation is the non-adversarial nature and keeping the decision making in your hands, not the judges’.
How it Works
- Virtual meeting to sign fee agreement and confirm both parties are committed to the mediation process.
- Clients complete questionnaires and gather documents.
- Inital divorce paperwork and financial declarations are completed.
- First mediation session is scheduled with the parties.
- Attorney prepares first draft of settlement agreement.
- Further mediation sessions scheduled as necessary.
- Final agreement and signatures are filed with the court.
The Unique Role of the Mediator
The primary role of a mediator is to help parties avoid litigation by reaching a settlement agreement in their case. Effective mediators are skilled in:
Opening
Opening the lines of communications between opposing parties and attorneys
Bridging
Bridging the gap between opposing positions
Educating
Educating the parties as to the reasonableness of their position(s), and offering valid opinions regarding the likelihood of success of those positions if decided by a judge
Listening
Listening to both parties express why they feel their position is “correct”
Pointing
Pointing out to the parties the realities and risks of litigation
Explaining
Explaining in an effective and sensitive way that neither party will be 100% thrilled with a mediated agreement; but that each party will walk away satisfied and relieved
Sometimes, a party simply needs to hear an opinion from an “outsider” before settling on a particular issue.
The couple attends mediation sessions in which the attorney mediator will guide them to make their own decisions on how they wish to end their marriage. They analyze their budgets and needs, divide marital property, review their children’s needs, and reorganize their family and life-style to fit its new structure. Mediators place special emphasis on providing an acceptable form of continuity where children are concerned.
The process allows the parties to analyze their situations and to understand each other’s needs as well as those of the children. It may alleviate the anger and bitterness that the couples initially may feel toward each other. It also makes the couple realize that although they may not be husband and wife, they are still parents. It encourages their cooperation with each other in determining their relationship with their children. Once the couple decides on what they wish to do, the attorney mediators at Kalfin & Kalfin will draft the marital settlement agreement and prepare the final judgment paperwork.
Why should I consider mediation for my divorce case?
Mediation allows both parties to maintain control over the outcome of their case. Unlike going to court where the judge makes the final decision, mediation allows the parties to actively participate in the decision-making process. It is also a more amicable and cost-effective alternative to litigation. Mediation can help preserve relationships and minimize the emotional impact on children.
How long does the mediation process typically take?
The duration of the mediation process can vary depending on the complexity of the issues involved and the willingness of the parties to cooperate. Some cases may be resolved in a single session, while others may require multiple sessions over several weeks or months. The mediator will work with the parties to establish a timeline that suits their needs.
