The Goals of Mediation are:
- To reach a mutually acceptable agreement;
- To be part of forming that agreement so that your concerns are addressed;
- To help your children cope with and adjust to the major changes brought about by the separation;
- To reach a point where there is some level of mutual respect, which allows you and your spouse to maintain a civil relationship in the future;
- To avoid spending a third (or more) of the marital assets on a divorce; and
- To avoid spending years at the Courthouse.
Comparing Mediation to Litigation
Mediation:
- Assess suitability of marital partners to mediation
- Locate a compatible mediator
- Attend meetings to discuss issues and assets
- Draft Proposed Agreement, which partners take to respective consulting attorneys
- Attend meetings to finalize and sign Marital Settlement Agreement
- Prepare divorce pleadings and submit documents to Court
The number of meetings required for mediation will depend upon:
- The number and size of assets;
- The responsiveness, motivation, and willingness of parties to obtain documents, attend meetings, and compromise;
- The responsiveness of experts (i.e. CPA’s, appraisers, QDRO attorneys, and consultants)
Litigation:
- File Dissolution Petition, causing Automatic Temporary Restraining Orders (ATRO’s) to go into effect for Petitioner
- Serve Petition, causing clock to start on the 6 months required before divorce could be final. ATRO’s effective for Respondent
- File and serve Response
- Attend Case Management Conferences
- Prepare and serve Preliminary Declaration of Disclosures
- Prepare Pre-trial Motions and attend hearings
- Conduct Discovery:
- Interrogatories (written questions)
- Depositions of parties and/or witnesses
- Document demands
- Requests for admissions
- Subpoenas to third parties, banks, employers, businesses, credit cards companies, etc.
- Determine custody and visitation
- Attend Emergency Custody Screening
- Mediation for custody or visitation at Family
- Court Services:
- Evaluations and assessments
- Judicial Custody Conference
- Prepare Final Declaration of Disclosure
- Attend Settlement Conference
- Prepare for Trial
- Trial
- Judgment
- Post-Trial Motions
- Appeals (if any)