In Mediation, the couple proceeds through a series of steps. Briefly these are:
1. Both spouses attend an orientation session in which a detailed explanation of Mediation is given. Parties are encouraged to have separate counsel to advise them of their legal rights as they go through the process of mediation. 2. After the couple decides to mediate, they sign an Agreement to that effect covering the scope of the Mediation. At that time they will also sign a Fee Agreement and are asked to make a deposit covering the cost of the orientation and a retainer fee against which the time of the Mediator will be billed until depleted. The unused portion of this deposit is returned upon completion of Mediation. If depleted prior to the completion of the Mediation, the Mediator may require an additional retainer. The Mediator may also allow payment on a session by session basis with a smaller initial retainer requirement to be applied to fees incurred in addition to the sessions, such as the drafting of the Agreement, telephone calls, research and administrative costs. 3. At the first Mediation session, the couple may enter into a temporary agreement for the duration of Mediation to address those concerns that require immediate and necessary resolution. 4. The remaining sessions are used to help the spouses arrive at decision concerning any or all of the following: * Division of Property * Spousal Maintenance * Child Support * Parenting Schedules for the Minor Children * Any other Topic or Issue Agreed Upon by the Parties to be addressed by the Mediator 5. The mediation culminates in a Memorandum of Agreement which outlines the specifics of the couple's separation agreement. 6. As the last step, the couple may consult with one or two attorneys concerning the settlement reached. Typically they will have various questions regarding the tax implications of their settlement. One attorney will then prepare a final Settlement Agreement incorporating these elements agreed to in Mediation. Once the couple signs this document, they may then have it made part of their Divorce Decree.
