Frequently Asked Questions
Why Choose Mediation?
Mediation offers a less expensive, more efficient, and lower-risk alternative to costly divorce & traditional law proceedings. Here’s why mediation is the preferred choice:
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The average cost for attorneys to resolve a lightly contested divorce case that is settled without a trail typically rises to at least $15,000 to $20,000 per spouse. In the event that it becomes more adversarial that can easily rise to more than $40,000 per spouse. If a case needs to be litigated at trail, these costs can eclipse well over $100,000. Attorneys who are charging you hourly fees have incentive to fight more and create more conflict. This includes charging for each moment of time related to a case, including the time it takes to read and write emails, make phone calls, draft documents, drive from one place to another, and even time spent waiting in a courthouse. When charging hundreds of dollars per hour these costs add up very quickly.
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Reduce Conflict, Preserve mental health, and Provide a Healthy Alternative
Divorce can be an incredibly adversarial and contentious process that can greatly diminish yours and your family’s mental health and well being. Legal battles and protracted litigation have been proven also to greatly harm children. Child specialists agree that continued fighting during and after divorce can severely damage child development and cause long-term emotional and psychological harm. It has also been proven that reducing conflict in the divorce process leads to higher levels of compliance with divorce agreements and more importantly, healthier co-parenting relationships in the future.
Ultimate Flexibility, Save Time and Complete this Process in the Manner most Convenient
Divorce cases that go through mediation on average tend to resolve far more quickly than those that go through litigation. Additionally, we provide convenient and easy options to complete your case, including after hours availability and the option to meet entirely virtually. Do not miss valuable time at work or take time away from your busy life.
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Lower Costs: Mediation typically costs a fraction of what a traditional divorce costs. Instead of paying two separate attorneys, both parties share the cost of a single mediator. The total cost of mediation can range from $4,000 to $10,000, depending on the complexity of the case and the number of sessions required.
Fewer Fees: Mediation avoids many of the court fees and other expenses associated with litigation, further reducing the financial burden on both parties.
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Faster Resolution: Mediation can often be completed in a matter of weeks or months, as opposed to the years that a contested divorce can take. This expedited process allows both parties to move forward with their lives more quickly.
Flexible Scheduling: Mediation sessions can be scheduled at the convenience of the parties involved, including evenings and weekends. At Adriatic Mediation, we offer 24/7 scheduling via virtual video conferencing or in-person sessions to accommodate your needs.
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Confidentiality: Mediation is a private process, conducted in a confidential setting. This privacy ensures that personal matters are not exposed in a public courtroom.
Control: Mediation allows both parties to maintain control over the outcome. Unlike a court ruling, which is imposed by a judge, mediation results in mutually agreed-upon solutions, fostering a sense of ownership and satisfaction with the final agreement.
Less Adversarial: Mediation is a collaborative process that emphasizes communication and cooperation. This approach reduces the hostility and stress often associated with divorce, making it easier to maintain a civil relationship post-divorce, which is especially important when children are involved.
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Sustainable Agreements: Mediators focus on crafting solutions that provide long-term stability and harmony. Rather than just addressing immediate concerns, mediators aim to create agreements that foster positive relationships and sustainable co-parenting arrangements, reducing the likelihood of future conflicts.
Preservation of Relationships: By minimizing conflict and promoting understanding, mediation helps preserve relationships between divorcing spouses, which can be beneficial for co-parenting and family dynamics.
The Divorce Rate in the USA
Statistics show that the divorce rate for first marriages in the United States is between 35-50%, and for second marriages, it is even higher, ranging from 60-70%. These figures highlight the commonality of divorce and the importance of seeking efficient, cost-effective solutions.
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The caucus technique in mediation refers to a method where the mediator meets privately with each party involved in the dispute. These separate sessions allow the mediator to discuss sensitive issues, clarify positions, and explore potential solutions without the pressure of the other party being present. The caucus helps the mediator understand each side’s concerns more deeply and fosters a safe environment for open communication, ultimately aiding in reaching a fair and balanced agreement.
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A financial neutral is an impartial expert who helps both parties in a mediation understand the financial aspects of their divorce or dispute. Unlike an advocate for one side, the financial neutral works collaboratively with both parties, providing clarity on complex financial matters such as asset division, debts, and income. Their goal is to ensure informed decisions are made and that the financial agreement is fair and sustainable for both parties.
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Divorce mediation is a process where a neutral third party, known as a mediator, helps divorcing couples reach mutually agreeable solutions on various aspects of their divorce. This includes issues like child custody, division of assets, and spousal support. Mediation focuses on open communication and collaboration, allowing couples to resolve their disputes amicably and efficiently.
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Participation in mediation is not mandatory in all cases, but many courts encourage or even require couples to attempt mediation before proceeding with litigation. Mediation can be a valuable step in resolving disputes and reaching an agreement without the need for a contentious court battle.
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To prepare for divorce mediation, consider the following steps:
Gather all relevant financial documents, including income statements, bank statements, tax returns, and a list of assets (physical & digital) and debts.
Think about your goals and priorities for the mediation process, including custody arrangements, asset division, and support needs.
Be ready to communicate openly and respectfully with your spouse, focusing on finding common ground and workable solutions.
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The length of divorce mediation varies depending on the complexity of the issues and the willingness of both parties to cooperate. On average, mediation can take anywhere from a few sessions to several months. Each session typically lasts 1-2 hours, and most couples reach an agreement within 3-6 sessions.
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Divorce mediation is generally more cost-effective than traditional divorce litigation. The total cost of mediation can range from $4,000 to $10,000, depending on the number of sessions required and the complexity of the case. This is significantly less than the average cost of a litigated divorce, which can range from $30,000 to $100,000 or more.
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The cost of mediation is typically shared between both parties. The payment structure can be negotiated during the initial consultation with the mediator. At Adriatic Mediation, we offer transparent pricing and flexible payment options to accommodate your needs.
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You do not need a lawyer to participate in divorce mediation, but having legal counsel can be beneficial. A lawyer can provide legal advice, review the mediation agreement, and ensure that your rights are protected. At Adriatic Mediation, we can work alongside your legal counsel to facilitate a smooth mediation process.
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Mediation can address a wide range of issues related to divorce, including:
Child custody and parenting schedules
Division of assets and debts
Child and spousal support
Pet custody and care arrangements
The goal is to reach a comprehensive agreement that addresses all aspects of your divorce.
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The agreements reached during mediation are not legally binding until they are formalized in a written document and approved by the court. Once the court approves the agreement, it becomes a legally binding court order. This ensures that both parties are held accountable for following the terms of the agreement.
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Yes, agreements reached during mediation can be modified if both parties agree to the changes. If circumstances change significantly, such as a change in income or relocation, you can return to mediation to renegotiate the terms. Any modifications must be approved by the court to become legally binding.
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Yes, you can choose to mediate even if you have already initiated divorce litigation. In fact, mediation can be a valuable tool for resolving disputes and reaching an agreement, potentially avoiding the need for a lengthy and costly court trial. Many couples find that mediation helps them achieve a more satisfactory and amicable resolution.
If you have any other questions or would like to learn more about our mediation services, please don't hesitate to contact us. At Adriatic Mediation, we are dedicated to providing compassionate, efficient, and effective mediation solutions tailored to your unique needs.