The Divorce Mediator's Role & What To Expect
Divorce is a difficult and emotional process for both parties involved. It can be a long and complicated process, especially when it comes to dividing assets, determining child custody, and reaching a fair agreement. However, divorce mediation offers an alternative to traditional litigation that can help make the process less adversarial and more efficient. In this blog post, we will discuss the role of a divorce mediator and what to expect during the process.
What is Divorce Mediation?
Divorce mediation is a process that involves a neutral third party, known as a mediator, who helps the divorcing couple reach a mutually acceptable agreement. The mediator does not make decisions for the couple, but rather facilitates communication and helps them find common ground. Mediation can cover a wide range of issues, including property division, retirement plans, child custody, visitation, and alimony.
The Goal of Mediation is to Resolve All Issues
What is the Role of a Divorce Mediator?
A divorce mediator is a neutral third party who helps the divorcing couple reach a mutually acceptable agreement. The mediator does not make decisions for the couple, but rather facilitates communication and helps them find common ground. The mediator's role is to provide a safe and neutral environment for the couple to discuss their issues and come to an agreement. The mediator also helps the couple understand the legal and financial implications of their agreement and ensures that it is fair and reasonable.
Eric has personally conducted over 300 divorce mediations, and from his experience, around 70% have resolved all issues in the very first 3-hour session.
Eric's Role As Mediator Is To Facilitate A Peaceful Settlement of All Issues!
What are Some of the Benefits of Divorce Mediation?
Divorce mediation offers several benefits over traditional litigation. One of the main benefits is that it is less adversarial than traditional litigation. Mediation is a voluntary process, and the couple is in control of the outcome. This can help reduce the emotional toll of the divorce process. Additionally, mediation is almost always significantly less expensive than traditional litigation, and it can be completed in a shorter period of time.
Peaceful Mediation With Eric is Only $2,500 - No Surprises!
What To Expect During The Process?
After each spouse is fully informed about the process of working with Eric to obtain a PeacefulSplit® Divorce Mediation and they each determine that mediation is the right fit for them, they sign an agreement to retain Eric's services. A mutually convenient date and time is set for the first mediation session (in-person or via Zoom® video conference). Prior to the first session, Eric provides each spouse with one or two simple fillable forms to complete to effectively gather necessary financial information. At the first session, the couple meet with Eric (no outsources to less experienced mediators) to discuss, negotiate and settle the resolution of each and every issue (financial only or financial and minor children).
During the mediation process, the couple will be encouraged to open communication and discuss their concerns in a non-confrontational manner. Eric will help the couple identify areas of agreement and disagreement and work with them to find common ground. The mediator will also help the couple prioritize their issues and develop a plan to address them. Eric will also bring up potential pitfalls or challenges to the couple's plan and offer creative solutions to sticky problems.
Eric's role as mediator is not to be the judge or jury. Rather, he intentionally is focused on empowering each spouse to be their own advocate and reinforces the powerful aspect in mediation that each spouse always retains the power to say "yes" or "no" to each and every issue.
The Goal of Mediation is a Fair and Reasonable Settlement!
Drafting of the Final Settlement Agreement(s)
Once the couple reaches an agreement on all issues, Eric, who is a Florida and New York licensed attorney with over 28 years of legal experience, a Florida Supreme Court Certified Family Law Mediator, and a Florida and New York Licensed Marriage and Family Therapist, will use the totality of his professional experience to draft a written document(s) that outlines the terms of the agreements.
Each settlement agreement (one dealing with the couple's finances and the other, if necessary, to deal with all parenting issues) is often between 40-50 pages in length. These agreement(s) are not just "cookie-cutter" documents that other mediators may use to provide to couples, or which you can find on the internet. Rather, Eric's agreements are customized and drafted to the unique needs and settlement of each couple. No two versions of Eric's agreements are ever the same.
The couple will then review the document and, if they are satisfied with it after requested revisions are made, sign and notarize it. The document is legally binding at that time. When the couple is ready to file for divorce, they will simply fill out the court's fill-in-the-blank forms and file those forms with the court, along with copies of the settlement agreement. Generally, in 1-2 months, the court will process the divorce and the final divorce decree will incorporate the settlement agreement(s) that Eric drafted for the couple.
Eric's Settlement Agreement Serve as the Foundation of the Divorce Decree!