Why Schedule a Mediation Consultation?

{3:30 minutes to read}  There is no doubt that mediation is a lot less costly than litigation in every way – financially, emotionally and time-wise. The three main reasons people choose mediation are:

1. They want to do things as amicably as possible;
2. They want to do what is in the best interest of their children; and
3. They want to save money.

In my experience, most potential clients seeking mediation have already done some research on the subject. After all, there is a plethora of information on the internet at this point, and that’s a good thing. But that information only goes so far.

The consultation I provide goes into more detail about the actual process, the timing, fees, and the couple’s options once our work together is completed. Most importantly, it gives clients an opportunity to ask questions that are really important to them and allows me to answer in ways that address their deep and specific concerns.

During the consultation, I explain:

1. What the process will look like for them;
2. What my philosophy and approaches are, and how I conduct the mediation;
3. What topics we will be covering;
4. How long a typical mediation takes and how long each session may be;
5. What the final result will be; what their options are (living under the Settlement Agreement versus filing for a divorce right away) and the prospects for each situation; and
6. Provide an idea of the costs from the beginning to the end, so they understand and are prepared for them.

To address the last point on costs, which is always a huge consideration, I layout the following:

1. My hourly rate, which, unlike a litigated divorce, is for both of them, not each individual.
2. There is no retainer agreement; they pay as they go so they can manage their finances in a way that works for them.
3. The fee for the Memorandum of Understanding and the final Settlement Agreement (which is their legal document).
4. The fee for drafting a Qualified Domestic Relations Order (QDRO), which is required if they are dividing a pension, 401(k) or similar-type plan.
5. Suggestions on how to keep their costs down on all of the above throughout the process, such as:
   • Working together outside of the sessions as much as possible, if they can, to minimize the amount of time spent in session.
   • Keeping emails and phone calls to a minimum.
   • Addressing questions efficiently, concisely and in as few emails as possible when working on the revisions to the Settlement Agreement draft.

For those couples who decide to use the mediation process for their divorce, I can help them stay on track, stay focused, save money and get the job done.