FAQ: Divorce Mediation

What is Mediation?

Mediation works out a fair, legal agreement without the cost or battle of litigation. The mediator is neutral third party trained in divorce negotiations.

Mediation resolves all aspects of divorce, including:

  • Dividing marital assets and debt
  • Child Support & spousal support
  • Custody, parenting time, and decision-making for your children.
  • Tax consequences & other financial implications
  • How to handle future disputes.

Once all decisions have been agreed upon a legally-binding contract will be drafted.  This contract, which is called a separation agreement or stipulation of settlement,  can be filed in court as the basis of an uncontested divorce.


What are some benefits of Divorce Mediation?

  • Lower Cost — The mediation process usually costs significantly less than litigation
  • Kids aren’t caught in the middle — Mediation focuses on solving problems, not arguing – which often involve the children. Often, mediation helps parents improve their communication & parenting skills.
  • Fair Results — Recent studies have shown that settlements resulting from mediation are similar to results from non-mediated divorces.
  • You Control Mediation — Experts & specialists are only consulted with when necessary and with your consent. Mediation is confidential.
  • Less fighting and no courtroom battles — Instead of long, drawn out legal procedures, which are unfortunately inevitable with an adversarial legal action, mediation is a private process.
  • Agreements are adhered to — Litigated divorces often end up with ex-spouses feeling as if the decisions were forced upon them, this can often cause them not to follow-through consistently. Alternatively, mediated agreements are more often observed which will avoid future issues.

How long does the Mediation Process take and how much does it cost?

Mediation is dependent on many different factors of the relationship, including the personalities of the parties as well as their financial and emotional state. Every couple has their own set of circumstances, therefore it is difficult to base expectations on past cases. As a basic guideline, mediation’s can take from 4 to 15 hours. Sessions will last from 1 to 2 hours.

You pay for the mediator per session.There is no retainer. The total cost is therefore based on the total number of sessions needed.

There will be separate legal fees to prepare your settlement agreement and court documents after the mediation is completed.  Overall, the complete process is often far less expensive and faster than retaining two separate attorneys for litigation.


Can a high net worth couple mediate their divorce?

Absolutely.  It is a misconception that a couple with substantial assets should not mediate. A high net worth couple with a complicated financial situation is often better off  mediating with a  professional trained as a CDFA™ as opposed to litigating using attorney’s that do not have the proper financial background or knowledge.  Additionally, attorney’s stop earning their fee’s once the case is settled.  Therefore, there could be a conflict of interest with a high net worth couple with deep pockets in the adversarial process for the attorney’s to keep the case going at the expense of the family…both financially and emotionally.

Divorce Solutions Group, Inc. specializes in mediating high net worth couples.

Leave a comment