Pre-Divorce Mediation: A Way to Minimize Divorce Costs

Should a couple desire an amicable and cost effective divorce, pre-divorce mediation presents an alternative much more preferable to the traditional route of expensive litigation and constant wrangling. I have handled several mediations successfully, and would like to explain how it works.

To initiate the mediation process, both husband and wife must first meet with a family law attorney who is certified as a mediator. The first order of business in this meeting is to establish the role of the attorney. Once agreement has been reached that the attorney will act solely as a mediator–representing neither husband nor wife, dealing with all matters concerning the divorce–subsequent meetings focus on the substantive and outstanding issues between the divorce parties.

The resolution of some such issues-child custody, alimony, and the division of property, to name a few-may be long drawn. However, through skillful mediation that is sensitized to the individual needs of the divorce parties, an experienced attorney can help move the process forward. Take for example how pre-divorce mediation attorneys deal with the division of property, which, among other things, includes the distribution of all savings and investments, 401Ks, pensions, automobiles, marital homes, and personal property, as well as joint and personal debts such as credit cards, home equity lines, and mortgages. In pre-divorce mediation, both parties are tasked with listing all assets and liabilities in their possession, jointly and individually. An affidavit is then prepared in order to prevent fraudulent property claims. In the end, this transparency allows for the divorce to be resolved in a just manner.

However, should resolution become impossible through mediation, then the mediator steps aside and the divorce parties can resort to litigation if they so choose.

In the event that the mediation works, and every issue is resolved, then a settlement agreement is drafted. I ask that each party have the settlement agreement reviewed by an attorney of each party’s choosing. I have handled cases where we have pre-packaged everything, and I have drafted pleadings for each party to appear In Pro Per (without attorneys), where a Complaint is drafted, a proposed property settlement and Judgment are drafted, and these are all reviewed by independent counsel. The parties then go through the system without the need for attorneys or additional expense, other than the normal divorce filing fees, while I act as a neutral mediator monitoring them through the system, again with the understanding that all documents are to be reviewed by independent attorneys of husband and wife’s own choice.

I have found that this is an effective means of resolving a divorce where people are trying to handle things in a very simple and amicable, cost-effective fashion. In this economy, this is a way to get divorced while minimizing the legal cost, the emotional cost, along with the time spent in the legal system, with court appearances being kept to a minimum.