In these tough economic times, where people are trying to save money and want to have an amicable divorce, an excellent way to do this is through a pre-divorce mediation package. I have handled several of these successfully, and would like to explain how it works.
Both the husband and wife meet with an attorney who specializes in family law and is also certified as a mediator, as are all of the attorneys at Gornbein Smith Peskin-Shepherd. An agreement is reached at the first meeting that the attorney will be acting as a mediator and will not be representing either the husband or wife in the divorce. The role of the attorney will be to meet with the parties to cover all issues in the divorce in an effort to help them resolve everything in an amicable fashion.
Normally, the way I do this, is to have a meeting, have an agreement drawn up with the understanding that I, as the attorney, will be acting solely as a mediator, cannot represent either one of them, and will work with them to cover all issues in an amicable fashion through a series of meetings. I then will outline in detail the key issues in any divorce. These consist of child related issues including custody and parenting time. They include child support, medical insurance, medical expenses, spousal support/alimony, and division of property. The division of property will include the marital home, any savings, investments, 401Ks, pensions, automobiles, personal property, and any other assets. It will also include, especially in these tough economic times, how debts are to be handled, including credit cards, home equity lines, and the mortgage if the house has a negative equity. Each party is given homework to come up with lists of all assets and liabilities, an affidavit is prepared so that there is protection as far as having everything under oath regarding assets and liabilities. Through a series of meetings every one of the issues in a divorce will be discussed in an effort to resolve them.
However, if a resolution becomes impossible through mediation, then the mediator steps aside and the parties involved can decide whether to litigate.
On the other hand, if mediation works and all issues are resolved, then a settlement agreement is drafted. The divorce parties can decide to have the settlement agreement reviewed by an attorney of each party's choosing, or the mediator can pre-package everything and draft pleadings for each party to appear In Pro Per (without attorneys). The parties then go through the system-the mediator still monitoring them- without the need for attorneys and at no additional expense, other than the normal divorce filing fees.
As the foregoing paragraphs reveal, pre-divorce mediation minimizes the cost of divorce, especially attorney fees and the time spent in the legal system. The emotional cost of divorce is also minimized. Of course, mediation does not take away the pain of divorce. However, the cordiality of mediation proceedings, as opposed to the caustic nature of divorce litigation, limits confrontation and facilitates healing.
Both the husband and wife meet with an attorney who specializes in family law and is also certified as a mediator, as are all of the attorneys at Gornbein Smith Peskin-Shepherd. An agreement is reached at the first meeting that the attorney will be acting as a mediator and will not be representing either the husband or wife in the divorce. The role of the attorney will be to meet with the parties to cover all issues in the divorce in an effort to help them resolve everything in an amicable fashion.
Normally, the way I do this, is to have a meeting, have an agreement drawn up with the understanding that I, as the attorney, will be acting solely as a mediator, cannot represent either one of them, and will work with them to cover all issues in an amicable fashion through a series of meetings. I then will outline in detail the key issues in any divorce. These consist of child related issues including custody and parenting time. They include child support, medical insurance, medical expenses, spousal support/alimony, and division of property. The division of property will include the marital home, any savings, investments, 401Ks, pensions, automobiles, personal property, and any other assets. It will also include, especially in these tough economic times, how debts are to be handled, including credit cards, home equity lines, and the mortgage if the house has a negative equity. Each party is given homework to come up with lists of all assets and liabilities, an affidavit is prepared so that there is protection as far as having everything under oath regarding assets and liabilities. Through a series of meetings every one of the issues in a divorce will be discussed in an effort to resolve them.
However, if a resolution becomes impossible through mediation, then the mediator steps aside and the parties involved can decide whether to litigate.
On the other hand, if mediation works and all issues are resolved, then a settlement agreement is drafted. The divorce parties can decide to have the settlement agreement reviewed by an attorney of each party's choosing, or the mediator can pre-package everything and draft pleadings for each party to appear In Pro Per (without attorneys). The parties then go through the system-the mediator still monitoring them- without the need for attorneys and at no additional expense, other than the normal divorce filing fees.
As the foregoing paragraphs reveal, pre-divorce mediation minimizes the cost of divorce, especially attorney fees and the time spent in the legal system. The emotional cost of divorce is also minimized. Of course, mediation does not take away the pain of divorce. However, the cordiality of mediation proceedings, as opposed to the caustic nature of divorce litigation, limits confrontation and facilitates healing.
About the Author:
The Law Offices of Gornbein Smith Peskin-Shepherd PLLC facilitate divorce mediation and other family law legal matters with a humane, dignified approach in Southeastern Michigan.
