Pre-divorce mediation is a way to go through divorce proceedings amicably, while minimizing cost. The benefits of pre-divorce mediation cannot be overstated; indeed, mediation offers an avenue that avoids expensive litigation and the acrimony it engenders. I have handled several mediations successfully, and would like to explain how it works.
Both the husband and wife meet with an attorney who specializes in family law and is also certified as a mediator, as are all of the attorneys at Gornbein Smith Peskin-Shepherd. An agreement is reached at the first meeting that the attorney will be acting as a mediator and will not be representing either the husband or wife in the divorce. The role of the attorney will be to meet with the parties to cover all issues in the divorce in an effort to help them resolve everything in an amicable fashion.
The resolution of some such issues-child custody, alimony, and the division of property, to name a few-may be long drawn. However, through skillful mediation that is sensitized to the individual needs of the divorce parties, an experienced attorney can help move the process forward. Take for example how pre-divorce mediation attorneys deal with the division of property, which, among other things, includes the distribution of all savings and investments, 401Ks, pensions, automobiles, marital homes, and personal property, as well as joint and personal debts such as credit cards, home equity lines, and mortgages. In pre-divorce mediation, both parties are tasked with listing all assets and liabilities in their possession, jointly and individually. An affidavit is then prepared in order to prevent fraudulent property claims. In the end, this transparency allows for the divorce to be resolved in a just manner.
If a resolution becomes impossible through mediation, then the mediator steps out of the case, and the parties would then retain attorneys to litigate in a more traditional fashion.
On the other hand, if mediation works and all issues are resolved, then a settlement agreement is drafted. The divorce parties can decide to have the settlement agreement reviewed by an attorney of each party’s choosing, or the mediator can pre-package everything and draft pleadings for each party to appear In Pro Per (without attorneys). The parties then go through the system-the mediator still monitoring them- without the need for attorneys and at no additional expense, other than the normal divorce filing fees.
In this economy, pre-divorce mediation is the best path for couples seeking to minimize divorce costs: the legal costs are relatively low, with the time spent in the legal system, particularly court appearances, kept to a minimum. In addition, and though divorce remains a painful process regardless of the manner in which it is effected, the cordiality of the mediation process lowers the emotional costs and allows for a more just settlement.
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