How does mediation work?
The parties meet together with the mediator to discuss
their situation and the goals they wish to achieve. The
couple may explore the areas of agreement and
disagreement and determine what is needed to move
forward. The parties exchange information on the
community property assets and debts as well as their respective earnings and expenses. The parties discuss
how to minimize stress during the separation period
and how to co­parent the children effectively.

What is required in mediation?
Mediation requires trust, respect, and an honest
desire to work toward a common goal. While it is
helpful for the parties to be able to communicate
effectively, the mediator will help each party identify
and express their individual needs and interests. It is
not necessary to have considered any settlement
options prior to meeting in mediation.

Will mediation save money?
Absolutely. If you compare the cost of mediation with
the alternative adversarial divorce, in which each party
hired an attorney (at the average cost of $275 per hour)
and the matters were addressed through the court
system, you may expect to pay between $5,000 and
$50,000 each for a divorce. In mediation, you will share
the cost of one professional.

Will the mediator prepare court papers?
Yes. The mediator will prepare all of the preliminary court documents, review them with the parties and file them
with the court. After the parties have reached an
agreement, the mediator will prepare the Marital
Settlement Agreement and it will be filed with the
court along with additional required court documents.

Will I need to hire an attorney to consult with while
I am in mediation?
You may choose to consult with an attorney prior to
the mediation process and it is recommended that you
have an attorney review the Marital Settlement
Agreement before it is finalized. It is not necessary
to hire an attorney. Usually attorneys will consult with
you on an as-needed basis, for which they will charge
their hourly fee. You are free to retain an attorney and
may wish for your attorney to draft the court papers
after the agreements have been reached in mediation.

Will I need to pay a retainer fee for Mediation?
No. The mediation process is pay-as-you-go, meaning
that the parties pay at the end of each session for the
time they spend with the mediator. The parties will be required to pay filing fees to the court when their court documents are filed.

How much will it cost to get divorced if we use a mediator?
Most couples are able to reach a total agreement in three to five I to 2 hour sessions. It is not possible to quote an actual fee for any divorcing couple, since some couples reach agreements more quickly than others and some cases have fewer issues than others.

Do we split the cost equally?
The mediation agreement suggests that the parties
equally pay the fees. In some situations that is not
possible, as one person has no income or resources
with which to pay the fees.

How will we know if the mediation process will
work for us?
The only way to know for sure is to set up a time to
meet together with the mediator to discuss your situation.
At this appointment, you will each be able to ask all of your questions of the mediator and of the other party. If you are concerned that it might not work. this first meeting is an opportunity to get a feel for the process.