The Top 5 Most Common Questions Asked in Consultations
o 1. What’s the difference between separation mediation and divorce mediation.
I have an entire blog about this question (custom agreement blog here) but in short, separation mediation can focus on select topics rather than all required topics. For example, you two decide to continue living together, therefore you want a separation agreement about finances and asset/debt division, but not about a parenting plan. Alternatively, separation mediation can include all topics required for a divorce (even if you two are only looking for a legal separation). Topics in divorce mediation include custody, parenting plans, support, asset/debt division, insurance, taxes, etc, all as required by the courts. At Family Circle Mediation, we draft agreements for either situation. In fact, the full separation agreements drafted can be used for a legal separation or for divorces.
2. Is the drafted Agreement binding?
Once the Agreement is signed in front of a notary it is a legally binding contract that then can then be filed with the court.
3. How long does the mediation process take?
The mediation process takes as long as the two of you need. On average, couples without kids take 2-4 hour sessions and couples with kids take 3-7 hour sessions to come to an agreement on all topics required for their separation/divorce/modification. Each session is typically an hour, usually once per week or every other week. Longer sessions can be requested, but we have found that after an hour everyone is tired mentally and emotionally.
After an agreement is reached on all required topics, we then draft up the Agreement. This usually takes about two weeks. Clients are then given at least a week (or longer if requested) to carefully review the Agreement themselves and/or with a review attorney. After that, we schedule a review session to go over the Agreement page by page to ensure everyone has a full understanding of the Agreement before its signed.
Therefore, on average the entire process takes usually takes six to twelve weeks to complete.
4. What is the cost of mediation?
Mediation sessions are charged by an hourly rate – therefore the cost of mediation is entirely determined by how many sessions you two need to come to an agreement. At Family Circle Mediation, we do not offer packages since we understand that finances are tight and have no intention of causing you to spend more than the very basic amount needed for you two to finalize this difficult chapter in your life.
5. What if my spouse won’t agree to mediation?
Unfortunately, sometimes the most difficult hurdle in mediation is “simply” bringing both parties to the table. Mediation is entirely voluntary, so if one party refuses to attend mediation then your only option is hiring an attorney. Hopefully, you can convince them to at least try mediation to: (1) help save money, (2) remain in control of your Agreement rather than leaving it to court, or (3) to get it done faster rather than let it be drawn out for several months or even years. If this is the situation, I have a list of attorneys I work with that would be able to help you.
