How does mediation work?
Here’s how mediation works: In general, both spouses will initially sit down and write out their goals, noting specifically what problems you anticipate where custody and support are concerned. You will probably then need to state your financial information in a sworn statement. The mediator will then examine the issues and determine how far apart the spouses are. From there, the mediator will work close to divide the assets and establish support payments. If, however, one spouse doesn’t like the way that mediation is going, he or she has every right to consult with an attorney. Once all the issues are settled, the mediator will write out a divorce settlement, which will need to be looked over by an attorney. Once it has, each spouse will be asked to sign the agreement and submit it to a court. However, if you do not like the agreement, you do not have to sign it. Consult your attorney at every step of the way.
The mediation session consists of several steps: • Introduction – the mediator explains how the mediation will proceed and the mediator’s role. The mediator will also explain confidentiality of the session to you and ask you to sign the Agreement to Mediate form. • Viewpoint sharing and issue identification – each participant is given an opportunity to explain their concerns. • Caucus – an opportunity for the mediator to speak privately with each participant or for participants to speak with their advisors. • Generation of options – the mediator will help you move past communication barriers to generate alternatives to resolve your workplace issue. • Agreement – the goal of mediation is to focus on positive future working relationships. If you reach an agreement in mediation, the mediator will write it up for you to sign during the session. You will each be given a copy of the agreement. Any agreement you reach in mediation is voluntary.
A party involved in a dispute contacts Community Mediation Services (CMS) by phone and discusses the problem with an intake specialist who will determine if mediation is the best possible course of action for resolving the matter. • If the dispute can best be resolved through mediation, the intake specialist will contact the other person(s) involved in the conflict and obtain their agreement to use CMS’ services to work out the problem. • When all parties involved in the dispute have agreed to participate, a convenient time and location for a first mediation session will be arranged by CMS (the first mediation session is usually conducted within just a few days at CMS’ office). • At mediation a highly skilled impartial CMS mediator will listen carefully to all parties and assist them in working out a resolution to their dispute that is agreeable to everyone involved. (Many disputes are resolved in just one, 2 to 3 hour session with a mediator.
I meet with both of you in my comfortable and private office. As your mediator, I will help identify the issues and possible solutions to those issues that you need to resolve for a successful divorce or separation. Typically these issues include a parenting plan, child support, alimony and division of your assets and liabilities. You will be guided through the decision making process to create agreements that work for both of you. After you have reached an agreement on all relevant issues, I prepare a detailed written document called a Memorandum of Understanding (the “MOU”). After you are satisfied that the MOU accurately sets forth your agreement, you bring it to your respective attorney for review. The MOU then forms the basis for the Property Settlement Agreement, which is filed with the court. If you are wondering if mediation is right for you, call 908-608-1414 or e-mail jkuskin@earthlink.net to arrange for a free 30-minute consultation for you and your spouse or partner.
