Divorce & Family Mediation

When marital hopes end in divorce, a state of tragic tension often exists.  The cost of discord is both financial and emotional, deeply touching all members of the family.  Divorcing couples participate in mediation when they make a choice to end their marital relationship and to settle their disputes in a cooperative, impartial setting where they can openly communicate on all issues.

DIVORCE MEDIATION

• …allows resolution before the flames are fanned
• …supports a cooperative, rather than competitive, process for reaching decisions
• …allows the parties to decide for themselves which settlement provisions best meet the needs of the whole family unit
• …reduces the possibility of costly and emotionally disruptive litigation
• …discourages the escalation of anger, which leads to actions destructive to all family members
• …provides a cooperative, impartial setting in which separating, or divorcing, couples can open communication on issues of

• Child custody and visitation arrangements
• Definition of property
• Spousal maintenance guidelines
• Child support guidelines

In addition to the divorce process, families are often confronted by other difficult situations that require resolution.  Mediation is a way of approaching these issues in a creative, constructive and humane manner.

FAMILY & MARITAL MEDIATION

• …anticipates certain life events so as to prevent future misunderstandings or conflicts and preserving the marriage and family
• …deals with situations having complex financial and emotional implications that can lead to dissention among family members
• …provides an objective approach to family related matters such as:

• Postmarital agreements
• Premarital agreements
• Cohabitation agreements
• Modifications of prior divorce or support agreements
• Step-family agreements, financial or otherwise
• Agreements for the care of elderly or dependent family members
• Agreements related to distribution of family assets or liabilities

HOW DOES MEDIATION WORK?

1) ORIENTATION SESSION
The process of mediation is described.  Questions are answered.

2) If the parties agree to mediate, an appointment is set for the first session.

3) MEDIATION SESSION
Two or more hours per session.  Scheduled at the convenience of both parties and the mediator.

a) All relevant documents are reviewed
b) Parties negotiate, creative solutions   are developed, agreements/resolutions occur and conclusions are reached
c) When necessary, outside experts may be consulted

4) The Written Memorandum of Agreement is prepared by the mediator and reviewed with the parties.

The parties are encouraged to consult with attorneys any time they wish throughout the mediation process or at its conclusion to obtain an opinion about the agreement or to have the attorney process the final divorce through the court.

It is also possible to process the divorce without attorneys if both parties do not not choose to obtain legal advice. The mediator does not file the divorce papers with the court him/herself, but may help direct the parties toward alternative procedures for a final dissolution.

Divorcing couples participate in mediation when they make a choice to end their marital relationship and to settle their disputes in a cooperative, impartial setting where they can openly communicate on all issues. With the guidance of a trained mediator here at the Miami Counseling & Resource Center, the parties decide for themselves which decisions best meet the needs of the whole family. The possibility of financially costly litigation and emotionally disruptive animosity is greatly reduced.