Divorce Mediation FAQs, Cost, Fees, Process

How does the divorce mediation process work?

A typical divorce mediation in the Albany NY area may involve two to five 90-120 minute mediation sessions. At these sessions, the mediator helps the couple to discuss and resolve the issues, such as parenting, child custody, child support, spousal support, and division of marital assets and liabilities, that a divorce necessarily involves. A couple that reaches agreement on these issues will usually use the agreements as a basis for the production of a written agreement to be used for a legal separation or divorce.

How long does divorce mediation take?

Typical mediated divorces will take two to five mediation sessions, scheduled at the couple’s convenience, to resolve the parenting, custody, support and property division issues involved in a divorce. Some couples take more time, some less.

Important factors that may affect the duration of a mediation include the extent and complexity of the couple’s finances and the number of children to the marriage. At times couples will agree during the course of a mediation to engage other neutral third parties, such as accountants, appraisers, financial advisors, doctors, counsellors, therapists, or other professionals to help them reach resolution. The involvement of third parties may also affect the duration or overall cost of the mediation.

With respect to your convenience, we are able to schedule sessions during the day or in the evening, and can even conduct mediation sessions via telephone or video conference.

Where and when do the mediation sessions occur?

I have an office that provides a comfortable, neutral venue for mediation. I have a flexible schedule and we can arrange sessions when it is convenient for you, including in the evening or on weekends. If you prefer, we can employ different communications technologies to carry out the divorce mediation via telephone or video conference.

Is the divorce mediator my attorney?

The mediator is neither party’s attorney. Nor is the mediator both party’s attorney. The mediator is a neutral third party who works with the couple to permit the couple to make the decisions necessary to complete a divorce. We describe alternative dispute resolution and the use of neutrals on this site.

Do we have to file documents in court to get divorced?

Indeed, you do. If the mediation is successful, we can prepare those documents for you. Typical documents may include a separation agreement and divorce filing papers. The cost to prepare these documents will vary according to the complexity of the dissolution of the marriage. You can have your own attorney review any documents we prepare before you sign them. In the alternative, you can have your own attorney prepare any documents that reflect the agreements you have reached during the mediation. The choice is always up to you.

What happens if mediation fails to produce our divorce?

Mediation is a voluntary process. Either party may withdraw from mediation at any time if they feel it is not working for them. Parties may then decide they don’t need a mediator at all and can take care of the process themselves. Or one party may decide they really want a lawyer to handle the divorce. Or, the parties may decide they prefer to wait. We will not represent in a litigated divorce a party whose divorce we have attempted to mediate.

What is the difference between mediated divorce and collaborative divorce?

In a collaborative divorce, each party is represented by their own attorney. Each attorney agrees to help the parties negotiate a settlement. If no settlement is obtained, each attorney withdraws and will not represent either party in a litigated divorce.

Is divorce mediation for everyone?

No, it’s not. Divorce mediation works for certain couples, for many different reasons. The couple may be able to make decisions for their family together relatively easily, or perhaps financial reasons compel the couple to seek a lower-cost alternative to litigated divorce. It is each member of the couple who decides whether mediation is right for them at the time they seek a divorce.

Can you explain divorce terms for me?

We provide some common divorce and divorce mediation terms and terminology here. During the divorce mediation, we may provide legal information, but will provide no legal advice to you.