Divorce Mediation: Ask Questions

How long does divorce mediation take?

Since all divorcing couples are different there is never a fixed time frame. The "right" number of mediation meetings and their duration and frequency are determined by the actual time each couple needs to work out mutually satisfactory arrangements of their post-marital lives. In very general terms, a divorcing couple with two kids and a house might expect their divorce mediation meetings to consist of about five, two hour sessions, spaced two weeks apart.

Do I need a lawyer during divorce mediation?

Every spouse in divorce is absolutely entitled to be represented by a lawyer at any time. On the other hand, no divorcing spouse can be compelled to retain counsel.

Some divorce mediation clients are represented by counsel from start to finish. Some clients hire an attorney solely to review documents. Some never hire a lawyer. I advise all clients in divorce mediation to seriously consider retaining counsel, at least to review the separation agreement before signing it. As a lawyer and mediator, when I am jointly hired by a divorcing couple I act ONLY as their mediator. I never represent either divorce mediation client as an attorney. As a mediator, I do not appear in court with a couple at the hearing of their divorce. As an attorney I may be retained by one spouse in a non-adversarial, no-fault divorce. As counsel for a client in an uncontested divorce, I may have been retained to review a separation agreement, or as collaborative counsel - to negotiate an agreement with my client's spouse and his or her attorney. When I am hired by one divorcing spouse I often accompany my client to court. return to top

What happens if we can't reach an agreement in mediation?

Divorce mediation always occurs in the "shadow of the law." When couples cannot reach an agreement on the terms of their divorce, a judge is empowered to impose a "settlement." Therefore, divorce mediation only succeeds when both spouses actively make a good-faith effort to reach agreement. With no legal obligation to resolve their differences, each spouse's genuine commitment to achieve a fair and reasonable agreement is essential for their divorce mediation to succeed. return to top

How much does divorce mediation cost?

Most couples share the cost of their mediation. My hourly fee for divorce mediation is $250.00. This fee applies to all my time spent in meetings, on the telephone, and in drafting agreements and other documents. All clients deposit a $2,000.00 retainer at the beginning of their divorce mediation.

All retainers are deposited in a clients' trust account and applied against billed time and expenses. After the mediation ends any trust account balance due to clients is promptly refunded. I encourage clients to do as much work as possible on their own to help minimize their mediation costs. return to top

Ask questions! I invite you to ask specific questions about your particular situation. All inquiries will be held in strict confidence. Please e-mail questions to me at: wallerstein@socialaw.com Depending on the number of questions I receive, it may take a few days to reply. I will answer every question received.

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