The biggest reason why many people choose Mediation is privacy. Any discussions are protected by a confidentiality agreement, and you avoid airing the details of your conflict in the public forum of the courts. Mediation is a safe place to talk about whatever you need to talk about, without worrying about judgment or embarrassment.
Mediation is also typically faster and less expensive than the traditional, adversarial approach. An agreement can be reached in weeks, rather than months. Mediation fees are typically lower than an attorney's, and fewer hours are involved in the process. Those parties who choose to also consult an attorney are better prepared, with most issues already resolved, and so need much less time with their attorney.
First, both spouses must agree to participate in the Mediation process. Mediation is voluntary, and no person can be ordered, forced, coerced, or threatened into participating or agreeing. Mediators are committed to allowing parties to make their own decisions.
Next, the Mediator will invite you to attend an Initial Session. This is an opportunity to answer questions, and for the Mediator to help decide if the process is right for you. For example, Mediation isn't a good process if there is a history of Domestic Violence, if there are accusations of Child Abuse, or if one spouse does not agree that Divorce or Separation is the right choice.
Once the Initial Consultation is over, the spouses begin by completing a set of Mediation Workbooks. These ask many of the questions that spouses will need to answer in building their separate lives, both legal and practical. Each person has the opportunity to record what they believe is the best answer to these questions, in their own Mediation Workbook, helping to clarify their thoughts, needs, and priorities. This is also an opportunity to gather information that will be needed to prepare documents later, such as bank balances and account numbers, in one convenient place.
Divorce and Separation Mediation is designed to be affordable. Each part of the process is available separately from the others, allowing parties to choose exactly what they need and can afford. To ensure that a large balance does not accrue over time and surprise the parties, each service is paid for when it is provided.
In addition to making all of their own decisions during the process, the parties are encouraged and expected to provide all of their own information to the Mediator. This approach educates the parties, helps their understanding, offers maximum flexibility as far as time, and substantially reduces costs. After all, why pay someone by the hour to collect information that you already have at your fingertips?
The overall cost structure looks like this:
It's important to keep in mind that Third Way Conflict Resolution is not your attorney.