For more information on web standards and how to upgrade your browser please visit the Browser Upgrade Campaign at http://www.webstandards.org/upgrade/.
Educational Brochures
Divorce Mediation:
Resolving your conflicts without going to Court
Divorce Mediation is a family-centered resolution process in which an impartial mediator can assist a husband and wife in negotiating a mutually satisfactory arrangement for their children, support, and division of their property. The Bar Association of Erie County's Lawyer Referral Service maintains a divorce mediation panel of experienced matrimonial lawyers who have completed a 40 hour course in divorce mediation, approved by the Academy of Family Mediators.
What is Divorce Mediation?
Divorce mediation is a confidential, voluntary form of structured negotiation based upon principles of problem solving that focus on the needs and interest of the participants, fairness, self-determination and an outcome which is in the best interest of all family members. If successful, all issues related to a divorce are resolved by direct negotiation between the parties, with the guidance of the mediator.
Why Mediation?
The mediation process can be significantly less expensive and less painful for the family than the protracted battles that often are part of divorce or other family litigation. When children are involved, studies indicate divorce agreements mutually agreed upon by husband and wife are usually far better for the children, and have fewer enforcement problems than those imposed by court order. The structured process allows the husband and wife to establish their own goals and to design for themselves, with knowledgeable help, the best way to use their own resources.
What Will Be Expected of Me?
Parties will be expected to participate in meetings with the mediator and to provide full disclosure of their assets, liabilities, income, and all other relevant information.
How are Mediators Chosen?
To be eligible to participate on the Bar Association of Erie County's Lawyer Referral Service Divorce Mediation Panel, one must be a lawyer in good standing with the Bar Association of Erie County, have accumulated experience in the matrimonial and family law area, and must have completed a divorce mediation training certification course approved by the Academy of Family Mediators.
What Will It Cost?
Divorce mediators charge an hourly rate for mediation services. Those services will include review of client material, mediation sessions, telephone consultation and document preparation. Most couples take about eight to ten hours of time with the mediator to complete their agreement; additional time often is required for document review and drafting. The mediator will charge an hourly rate, and a retainer is normally requested at the outset to be applied against billed time and expenses. Unearned fees will be promptly returned to the clients. The mediator will explain these fees to the clients as well as any other related costs. In addition, there will be fees for independent legal counsel to review the mediated agreement for each party and to handle any later court proceeding in which the Agreement is involved.
Why Do I Need a Lawyer?
Although the mediator will be an experienced matrimonial lawyer, in order to make the mediation process work he or she must remain impartial. The mediator can define the legal issues and help the participants understand the applicable law. The mediator must be concerned with fairness and has an obligation to avoid an unreasonable result. However, the mediator may not represent or give legal advice to either party during or after the mediation process and will recommend that each party obtain independent legal counsel to review the final mediated agreement.
IMPORTANT: If participants choose to proceed without independent counsel, there is the possibility that any agreement submitted to a court may be rejected, or later may be deemed unreasonable and thus not binding on them.
Will Mediation Work for Me?
Mediation will work only if the parties are willing to make a good-faith effort to reach agreement. There is no legal obligation to agree, and any commitment to the process and its result comes voluntarily from the people involved. The mediator will help the parties to evaluate the benefits, risks, and costs of mediation and the alternatives available to them.