WHAT IS DIVORCE MEDIATION?

Mediation is a process for handling conflict in which the parties involved voluntarily meet with a trained, impartial mediator, to resolve their dispute. The San Diego Mediation Center's Divorce Program mediators are family law attorneys. The mediators do not decide the outcome, but help the parties reach their own agreement on issues of custody, support and/or division of property. An agreement is reached when both parties are satisfied with all of the terms.

WHAT HAPPENS DURING A DIVORCE MEDIATION?

Mediation sessions are informal but structured discussions guided by the mediator. Both parties are given the opportunity to speak without interruption, describing their view of the marriage and the issues arising out of its dissolution. The mediator structures the discussions to help clarify the issues and move toward an agreement, called a Marital Settlement Agreement. The San Diego Mediation Center recommends that the parties separately consult with attorneys of their choice for legal advice regarding any issues addressed at the mediation. Witnesses and attorneys generally do not attend mediation sessions.

OVERVIEW: THE STAGES OF DIVORCE MEDIATION:

1. Orientation meeting

The initial meeting is an orientation to the process. The parties are asked to gather specific personal and financial information and documents as identified at the meeting.

2. Joint sessions to discuss and resolve issues

Typically, a series of joint meetings are held at times and locations agreed to by the divorcing spouses. Issues are identified and discussed, narrowed and resolved based on legal, financial and other information. The number of sessions will depend on the needs of the individual parties.

3. Develop draft Marital Settlement Agreements (MSA)

After the parties have reached agreement in principle on all of their issues, the mediator prepares a draft Marital Settlement Agreement (MSA).

4. Review MSA

Both parties are asked to submit the agreement to their respective legal and financial counsel for independent review. Proposed revisions, if any, are jointly discussed and changes incorporated into the final form of the MSA.

The San Diego Mediation Center recommends that the parties consult with attorneys of their choice to advise them regarding any legal issues addressed at the mediation.

5. Finalize and file MSA

The final MSA is prepared and all associated legal documents are prepared and filed by the divorce mediator. A final judgment and decree are entered and recorded.

WHAT ARE THE ADVANTAGES OF MEDIATION?

· Mediation provides a unique opportunity to develop mutually acceptable outcomes tailored to the individual clients

Convenient Cost effective Less Stressful Informal
Confidential Non-adversarial No Court Appearances

· Mediation sessions are arranged at mutually convenient times at sites throughout the County.

WHAT TYPES OF ISSUES CAN BE ADDRESSED IN MEDIATION?

Issues that are important to the parties can be addressed, including:

· scheduling time with the children;
· spousal support;
· child support
· property division; and
· financial issues.

WHAT SHOULD I BRING TO MEDIATION?

It is not necessary to bring anything to the first meeting. During the first informational meeting the mediator will work with the parties to determine what information will be needed for further sessions, such as personal assets and debt information, property descriptions, etc.

MUST THE DIVORCE BE FILED IN COURT BEFORE THE MEDIATION?

No. The mediation of issues related to a divorce may take place before or after the Petition for Dissolution of Marriage has been filed in court. Since divorce is a formal legal process which affects legal, financial and parenting rights, only a judge may order the final terms of a divorce. However, California law allows divorcing parties to negotiate most of these terms themselves, subject to the final approval of the court.

WILL THE MEDIATORS PREPARE LEGAL DOCUMENTS?

Yes. The mediators will prepare or assist in the preparation and filing of documents required by the court. The mediators will not provide legal advice, but will provide general information. The agreement reached in the mediation is called a Marital Settlement Agreement (MSA) and can be filed by the mediator.

WHO ARE THE MEDIATORS?

All SDMC divorce mediators are experienced family law attorneys with more than 30 hours of mediation training. Supervision and continuing education is provided by SDMC training staff. Clients may request a specific mediator from the panel listing or ask SDMC to make a selection for them.

HOW MUCH DOES A MEDIATED DIVORCE COST?

SDMC charges $180.00 an hour for the time spent in the mediation session. A mediation session usually takes approximately two hours. Most divorce mediations are completed in 2 to 5 sessions. Payment is due at the end of each session. Visa and MasterCard are accepted.

There is a fee for drafting the legal documents required to formally complete the divorce process. This document fee ranges from $1000 to $2000 depending on the complexity of the case and includes:

· The fee for preparing the Summons, Petition and other forms necessary to initiate the divorce is $200.

· The fee for the Marital Settlement Agreement (MSA) is generally between $800 and $1800, depending on the complexity of the document, as determined by the Mediator. When you have reached an agreement and the mediator is ready to draft the MSA, he or she will determine and quote the "MSA fee." This fee is due before the mediator begins to draft the MSA. The MSA fee also includes preparation of the final required forms called "the Judgment Package."

· The fee for preparation and recording of deeds required for property transfers is $75 per deed.

Court fees are paid directly to the court as follows:
$272.50 when the Petition for Dissolution is filed.
$269.50 when the MSA is filed.

We require a credit card guarantee of the first hour of the first appointment. Nothing is charged on the card unless an appointment is missed or not cancelled with at least 24 business hours notice.

HOW LONG DOES IT TAKE TO SCHEDULE A MEDIATION?

After both parties agree to participate in mediation, the first session can be scheduled within two weeks.

DO BOTH SPOUSES HAVE TO AGREE TO MEDIATE BEFORE CALLING THE SAN DIEGO MEDIATION CENTER?

No. If either party is interested in mediation, our staff will contact the other party to discuss our services. However, both parties do not have to agree to the divorce to benefit from the mediation process. If one partner is reluctant to proceed with the divorce at this time, the initial agenda may be to establish interim agreements for a trial separation and a time frame to reconvene to further evaluate the proposed dissolution.

DO PARTIES NEED TO HIRE THEIR OWN ATTORNEYS?

Parties may choose to obtain legal, financial and other advice at any time in the mediation process. All parties are strongly encouraged to obtain a review of the MSA by independent legal counsel prior to signing the MSA.

Attorneys are welcome to attend the mediation sessions to advise and counsel their clients with prior agreement of both spouses.

WHAT IS THE ROLE OF THE MEDIATOR?

The role of the divorce mediator is to:
· conduct a process which assists the parties in reaching mutually acceptable solutions
· provide relevant legal information
· help parties communicate productively on difficult issues.
· assist in generating options for resolving problems between parties
· assist in crafting terms of an agreement which is consistent with the principles of justice and fairness
· draft the MSA and file necessary documents

It should be noted that the SDMC Divorce Mediator will provide both parties with current, relevant legal INFORMATION outlining the law applicable to their individual circumstances. The mediator will not advise the clients or make judgments on their behalf as to appropriate choices among those discussed during mediation. The mediator will not provide legal advice to either party, because the mediator does not represent either one. The divorcing couple has control over any agreement made in the mediation process.

WHAT IS THE BEST TIME TO BEGIN DIVORCE MEDIATION?

Parties considering using divorce mediation may elect to initiate mediation before, or after filing a Petition for Dissolution.

FOR FURTHER INFORMATION OR TO SCHEDULE AN APPOINTMENT:

Call San Diego Mediation Center, (619) 238-2400.