Divorce and Child Custody Mediation

By Kathy Memel, Ph.D, MFT

“The notion that most people want black-robed judges, well dressed lawyers and fine-paneled courtrooms as the setting to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible” -Chief Justice Warren E. Burger
United States Supreme Court

What is Divorce Mediation?

Mediation is a cooperative rather than a combative approach to settling disputes Out of Court. Divorce mediation is an alternative to litigation and provides a way to avoid unpredictable and costly courtroom battles.

Rather than having a judge make final decisions for the parties, as mediators we help couples negotiate and decide all aspects of their Stipulated Judgment of Dissolution in a private, confidential setting, and avoid hiring adversarial lawyers. Our role as mediators is to provide direction and information without giving legal advice, and act as neutral and unbiased facilitators.

In our mediation process, we use a Therapist/Attorney team approach and help couples work through the legal, psychological and financial problems related to dissolving their marriage. As co-mediators we strive to create a balanced negotiating environment, where both parties’ interests, needs and concerns are acknowledged.

Our goal is to facilitate the creation of a mutually agreeable settlement in which both parties have participated equally, having understood all the information, elements and options involved in their decision making.

How Does it Work?

When both parties have agreed to choose mediation as an alternative to going to court, an initial session is scheduled and participants receive an orientation to mediation and we begin the process of reaching a Stipulated Judgment, which is then submitted to the court for approval. Each session is usually two hours in length. The number of sessions needed to reach an agreement depends upon the complexity of the issues, as well as the participants’ ability to work cooperatively toward a solution.

We help the participants examine their individual needs and negotiate long-term agreements regarding the division of property and debt, spousal support, child custody, parenting plans, etc. Together we evaluate present financial circumstances and provide for future financial needs.

When an agreement is reached, the parties sign the appropriate documents only when satisfied that the agreement is fair. It’s also important for each party to have their own consulting attorney review the agreement on their behalf before signing. The agreement is incorporated into a Stipulated Judgment of Dissolution which becomes binding once it is entered by the court. We prepare all the legal paperwork, making it unnecessary for the parties to appear in court.