Divorce Mediation: The Bullet Point Guide Part (1)

There’s a lot of information to look back over in the divorce and divorce mediation landscape from the firms’ work over time. Throughout the years, Mr. Darren Shapiro has done his best to keep his clients, and any interested parties informed about the ins and outs of mediation. After all, divorce mediation can offer an excellent alternative to traditional litigation for many people.

If you need quick access to information about mediation, but you don’t want to read through all of the blog posts available on this website, this article/ guide will act as a quick source for whatever you need to know. Let’s get started.

• Court-ordered mediation now exists for child custody cases in family court
• Divorces that land in court can be ordered to use “mandatory presumptive divorce mediation”
• Private Divorce mediation, meaning out of court, is available via video conference or conference calls – as well as in an office environment at Mr. Shapiro’s office.
• Negotiating and mediating can be an excellent alternative to litigation if you can allow yourself to be in the right emotional place for this strategy to work.
• Mediation is a flexible process. It can be done with couples, or it can be managed through separate meetings, in rare specific scenarios, when both sides of the couple agree to this process.
• Mediation doesn’t foreclose other processes. It’s a win/win if it works for some clients because it is less adversarial, faster, and more collaborative than litigation.
• Mediation doesn’t have to be complex. You can choose how straightforward you want your mediation to be based on the settlement that you have in mind.
• The questions asked by a divorce mediator can get to the meaning behind your positions on certain topics and allow for deeper discussion if necessary. This can be important in some family cases.
• You can attend a free consultation with Mr Darren Shapiro with your spouse to find out whether mediation might be an option for you.
• Preliminary planning sessions, once a couple begins mediating, may be suitable for couples that want to build a rapport with their mediator and by agreement of both the Husband and Wife.

What is Addressed in Divorce Mediation

The following statements address the experience of divorce mediation and some of the topics that might be addressed with a professional like Mr. Darren Shapiro.

• It’s possible to discuss things such as equitable distribution and how marital assets or debt will be managed during divorce mediation.
• Mediation sessions can also be used to discuss child custody agreements, and whether one parent will have permission to relocate with a child. However, the agreements made about children in a mediation session will need to be approved by the court based on a best interests ruling.
• Couples will be able to decide the goal of their mediation. Some may look for a post-nuptial agreement that allows them to remain together, rather than turning to divorce.
• You can decide that you want to opt for stopping at a separation agreement instead of a divorce right away after signing an agreement during your divorce mediation sessions. Separation agreements are useful when filing for uncontested divorce. Additionally, some couples choose to stay legally separated for a while to help one spouse stay on the health insurance of the other.
• The terms of a settlement agreement in divorce mediation can be made into a binding legal agreement by mediators like Mr Shapiro who are also attorneys. Mr. Shapiro can settle the issues required to make divorce uncontested, including things like child custody, grounds for divorce, parenting time, child support, and the payment of maintenance. Discussions of equitable distribution may also be necessary.
• Whether child support or maintenance payments should change moving into the future can be addressed during mediation. Additionally, it’s also possible to discuss which circumstances would be something to allow child custody terms to be modified in the future. In other words what circumstances would amount to a substantial change of circumstances to allow custody and parenting terms to be re-visited.
• Deviations from child support and maintenance guidelines can sometimes be achieved via agreements in divorce mediation. Considerations for deviations may include things like tax deductibility changes and a difference in financial resources.
• Prenuptial agreements can be agreed upon in a mediation and then drafted by an attorney or a mediator like Mr. Shapiro.
• Whether or not to include payments for the college education of a child can be included in a mediation agreement.

Other Points to Note about Divorce Mediation

Mediation is often the least expensive and most efficient way to get your divorce. It is not an adversarial process, and it allows for quicker and simpler negotiation. However, getting your spouse to agree to a mediation progress isn’t always simple. You may need to approach it from a financial angle or suggest that it will help to maintain the emotional health of the family. Other points to note about mediation include:

• The properly drafted and agreed upon terms that are arrived at in divorce mediation are often signed off by the court, usually when the mediation is done properly, particularly with the use of review attorneys.
• Review attorneys are always recommended for individuals using a divorce mediator although not everyone takes that recommendation as they feel they understand and are satisfied with the terms and do not want to spend the additional funds or time to consult with a review attorney. These are attorneys that you can consult outside of mediation sessions for extra support and guidance. Remember that your mediator is an objective party.
• It is possible for couples to switch from litigation to mediation. There is also presumptive divorce mediation today.
• Experienced mediators like Mr. Shapiro can use techniques like looping to help de-escalate conflict and improve chances of a quick resolution.
• Divorce mediators can come from a range of backgrounds, some are financial professionals, some are mental health experts, and so on.
• Individuals will need to address the issues that they want to deal with during mediation to help them prepare for their case.
• Divorce lawyers should draft court papers to support the agreements made in mediation.

If you want to learn more about divorce mediation, contact the office of Darren Shapiro today, or read through our other website pages and blogs. You can get in touch at (516) 333-6555.