Locate and contact a qualified mediator: It is important to work with a mediator who is capable of handling the issues involved in your particular situation and with whom both people feel comfortable.
Initial meeting: The mediator reviews the process with the couple and sets ground rules.
Frame issues: The mediator helps the couple express and understand each other’s goals and needs, identify key issues and establish the course to resolve them. The issues involved in divorce mediation usually include division of assets and debts, parenting schedule and decision making, child support, spousal support, tax planning and any other issues that are relevant to the couple’s particular situation.
Information gathering and review: The mediator guides the clients to gather information, making sure each spouse has full information before making any decisions. Couples may be guided by the mediator or choose to consult with interdisciplinary professionals such as financial, tax, therapists, real estate, child specialists, vocational consultants or appraisers. The couple is encouraged to consult with separate attorneys throughout the process.
Negotiate agreement: The mediator facilitates discussions and brainstorming to move the couple toward settlement by helping the couple develop various options to meet their needs and goals taking into account their similar goals and balancing their differences. Throughout the negotiation process reality testing is done so the couple can determine if options are workable. Often times the couple consults with their respective attorneys during this stage.
Written agreement: Once the couple has reached an agreement the mediator drafts the agreement which is then usually reviewed each person’s attorney. After the attorneys have looked at the document, the couple reconvenes with the mediator to review and make changes. The agreement is then finalized and incorporated into their divorce order.
Nancy Hudgins, a San Francisco mediator and lawyer, began specializing in civil litigation in the 1970's. She has represented both plaintiffs and defendants, chiefly in personal injury, medical malpractice, elder abuse and product liability lawsuits, but also in a wide variety of complex litigation, including civil rights, fraud and class… MORE >