Your Divorce Mediation Options

WHAT IS MEDIATION?
Mediation is a process for handling issues in which the parties involved voluntarily meet with a trained, impartial mediator, to resolve these issues. Mediation sessions are informal but structured discussions guided by the mediator, to help clarify the issues and move the parties toward their own agreements. The topics that will be addressed include: division of property (assets and debts), support (child and/or spousal) and/or issues about children.

WHAT HAPPENS DURING MEDIATION AT THE NATIONAL CONFLICT RESOLUTION CENTER (NCRC)?

1. Orientation/Joint Sessions to discuss and resolve issues
Joint meetings are held at times and locations agreed to by the couple. The first part of the initial meeting is an orientation to the mediation and legal processes. Issues are identified and discussed, narrowed and resolved based on legal, financial and other information. Both parties are given the opportunity to speak without interruption, describing their view of the issues relating to dissolution or legal separation. The parties are asked to gather specific personal and financial information and documents as identified at the meetings. The number of sessions will depend upon the needs of the individual parties.

2. Prepare legal documents
The attorney/mediators can prepare and file all of the legal documents required by the court. If nothing has been filed yet, NCRC can prepare and file the initial forms for both parties. If the Petition has already been filed, NCRC can prepare and file just the Response and related forms. After the parties have reached an agreement, in principle, on all of their issues, the attorney-mediator can prepare a document called a Marital Settlement Agreement (MSA) or a Legal Separation Agreement (LSA) that will be filed at court. If the parties have met with the psychologist/mediator, any agreements reached can be written and given to the attorney/mediator to incorporate into the final MSA or LSA before it is filed.

3. Review the MSA or LSA
Both parties have the opportunity to have the draft MSA or LSA reviewed by their respective legal and/or financial advisors. Proposed revisions, if any, are jointly discussed and approved with changes incorporated into the final MSA or LSA.

4. Finalize and file the MSA or LSA
The final MSA or LSA is prepared and all associated legal documents are prepared and filed by the attorney/mediator. Once approved, the court enters a final judgment based on the MSA or LSA.

WHO ARE THE MEDIATORS?
NCRC?s primary Family Law Mediators are experienced family law attorneys. NCRC also offers the option of meeting with a non-attorney psychologist/mediator for parenting issues.

All NCRC mediators have more than 50 hours of mediation training in addition to their professional training and experience as an attorney or psychologist. NCRC staff provides supervision and continuing education. Clients may request a specific mediator from the panel or ask NCRC to make a selection for them.

WHAT IS THE ROLE OF THE MEDIATOR?

Attorney/Mediator:

• Conduct a process which assists the parties to reach mutually acceptable solutions
• Provide relevant legal information
• Help parties communicate productively
• Assist in generating options for resolving issues between the parties
• Assist in crafting terms of an agreement consistent with the principles of justice and fairness
• Draft and file the MSA, LSA and/or any other necessary documents

The NCRC Divorce Attorney/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.

Psychologist/Mediator

• Focus exclusively on parenting issues such as sharing time with the child(ren), extra-curricular activities, travel and holiday schedules, health care, daycare and education issues as well as day-to-day parent interactions.
• Provide relevant psychological and child development information
• Assist in developing a workable parenting plan that can be incorporated into the overall mediation with the attorney/mediator.

The NCRC Psychologist/Mediator will provide general INFORMATION about child development and practical psychological principles. The Mediator will not make therapeutic assessments or evaluations of either party or their children. He is not a therapist for either one of the parents or both of them and does not make reports or recommendations to the court.

DO WE HAVE TO FILE IN COURT BEFORE MEDIATION?
Mediation may take place before or after the initial paperwork for divorce or legal separation has been filed in court. California law allows divorcing or separating couples to negotiate the terms of their divorce or legal separation themselves, subject to the final approval of the court.

BEFORE CALLING NCRC DO BOTH SPOUSES HAVE TO AGREE?
To use mediation: If either party is interested in mediation, our staff can contact the other party to discuss our services. If one party is reluctant to proceed with mediation or divorce, the initial mediation agenda may be to establish interim agreements for a temporary arrangement and a time frame to reconvene.

To divorce or not: If one of the parties wants to separate or divorce and the other one wants to stay together, the attorney/mediator can provide practical information to assist them to discuss their perspectives, better understand each other, and reach some agreements about how they will proceed.

To proceed with divorce versus legal separation: For parties who are uncertain whether to pursue divorce or legal separation, the Mediator can explain the differences between the two approaches to help them decide how they want to proceed. The mediation and court processes for divorce and legal separation are virtually identical, except that with Legal Separation there is not a six month waiting period. Also, parties who complete the Legal Separation court process remain married to each other.

WHAT DOES THE MEDIATION COST?
NCRC charges a one-time administrative fee of $175 per person payable at the first session.  It may be charged if the parties schedule and cancel their initial session twice.

NCRC charges $300 per hour for the time spent in the mediation session.  Each session takes approximately two hours.  Most mediations are completed in 2 to 5 sessions depending upon the needs of the parties.  Payment is due at the end of each session.  We require that a Visa or MasterCard number be kept on file as a guarantee of the mediation time.  Nothing is charged on the card unless an appointment is missed or cancelled with less than two business days notice.  No retainers are required.
 
NCRC charges a flat fee to prepare documents.  Fees are quoted by the mediator and are due before the mediator prepares them.  It is the parties’ decision if they want the Mediator to prepare documents or not. 

NCRC’s fee for preparing the Summons, Petition, Response, and other forms necessary to initiate a divorce or legal separation court case is $350.  The court’s filing fees are paid separately to the court as follows:

• $395 when the Petition is filed.
• $395 when the Response is filed.
• $20 when the Stipulation and Order re: Mediation is filed

When you have reached an agreement and the mediator is ready to draft the MSA or LSA, he or she will quote the fee, which is generally between $1,500 and $3,500, based on the complexity of your agreements.  The fee also includes a consultation of up to 30 minutes with the Mediator to ask questions about the Agreement, making minor revisions to the document, sending out a second draft, and preparation of the final required forms called “the Judgment Package.” Once the draft is prepared, renegotiation of its terms in a joint meeting, in person, over the telephone, or by e-mail may be charged at the regular hourly rate.  Additional fees to revise the document may be charged if the changes are substantial, as determined by the mediator.

If the parties have met with the psychologist/mediator and want to have a detailed written form of their parenting agreement prepared, the psychologist/mediator will quote a separate fee based upon the complexity of the parenting agreements.

Other Document Preparation Fees:

• Interspousal Transfer Deeds for California real property are $150 per deed
• Promissory Notes and Deeds of Trust for California real property is $200 per deed. (NCRC cannot prepare deeds for properties outside of California)

• Other miscellaneous documents (if needed/requested) will be quoted a flat fee

DO PARTIES NEED TO HIRE THEIR OWN ATTORNEYS?
Parties may choose to obtain legal, financial and other advice at any time during the mediation process. All parties are strongly encouraged to obtain a review of the final settlement agreement by independent legal counsel prior to signing the MSA or LSA. If both parties agree, attorneys may attend the mediation sessions to advise and counsel their clients.

WHAT ARE THE ADVANTAGES OF MEDIATION?
Convenient * Cost effective * Less Stressful * Improves Communication * Confidential * Non-adversarial * Informal * Easier on the children

• Mediation provides a unique opportunity to develop mutually acceptable outcomes tailored to parents? and children?s needs
• Mediation sessions are arranged at mutually convenient times at sites throughout the County
• Most mediation clients do not need to make court appearances

HOW LONG DOES IT TAKE TO SCHEDULE A MEDIATION?
After both parties agree to participate in mediation, the first session can be scheduled within one to two weeks.

WHAT SHOULD I BRING TO MEDIATION?
It is not necessary to bring anything to the initial meeting. However, you may bring any documents that you would like to review, discuss or use for guidance during your session. During the first meeting the mediator will work with the parties to determine what information will be needed for further sessions, such as personal asset and debt information, property descriptions, etc.