How does mediation work?
Under the guidance and assistance of a mediator, you and your spouse will identify and discuss all of the issues that need to be addressed in your Separation or Divorce Agreement, including: • Spousal support • Child support • Distribution of assets and debts • Parenting arrangements • Tax implications In order for you to be able to make informed decisions, the mediator ensures that there is full disclosure of all necessary financial information. If necessary, the mediator may suggest consultations with other professionals such as appraisers, accountants, financial planners, and mental health providers. After the issues are identified and discussed, the mediator will assist you in exploring and developing creative and fair solutions that meet both your needs, as well as the needs of your children. Mediation is a completely voluntary process and you are never pressured to settle. The mediation concludes when you are both completely satisfied with your agreement. When all of the issues a
• Each disputant agrees to mediation, pays a fee, and attends with the mediator and the opponents at an agreed place. • The mediator will explain the procedure, and then each side gives a short summary of their case. • The mediator will then see each side separately, and will find out what is behind the dispute, what the issues are, what is agreed, what is actually in dispute and what each side really wants. • The mediator will not reveal to the other side anything said without express permission. • The mediator acts as a go-between and as an imaginative problem-solver. • The mediator’s task is to assist the parties to reach their own settlement. • The mediator cannot give any judgment. • Any one can walk out at any time • At the end of the mediation, successful or otherwise, the mediator destroys the notes in the presence of the parties.
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.
