Stages of Post-Divorce Mediation

What is post-divorce mediation?
Changes in circumstances may cause a party to request a modification of a Final Judgment of Dissolution or Legal Separation. Mediation is appropriate for addressing changes that that occur relative to child custody or visitation, child support, spousal support and other matters.

Mediation is a process for handling conflict in which the parties voluntarily meet with a trained, impartial mediator to resolve their dispute.

WHAT HAPPENS DURING MEDIATION AT THE NATIONAL CONFLICT RESOLUTION CENTER (NCRC)?
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 current issues for possible modification. The mediator structures the discussions to help clarify the issues and move toward an agreement.

1. Joint sessions to discuss and resolve issues
Typically, joint meetings are held at times and locations agreed to by the parties. 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. Financial and other information may need to be gathered.

2. Develop a draft of a Revised Order
After the parties have reached agreement in principle on all of their issues, the mediator prepares a draft of a modified order.

3. Review Modification Order
Both parties may submit the draft order to their respective legal and financial counsel for independent review. Proposed changes, if any, are jointly discussed and changes incorporated into the final form. NCRC recommends that the parties consult with attorneys of their choice to advise them regarding any legal issues addressed at the mediation.

4. Finalize and file Modification Order
The final order is prepared and all associated legal documents are prepared and filed by the divorce mediator. This order is entered and recorded.


WHO ARE THE MEDIATORS?
Clients may request a specific mediator from the attorney/mediator panel listing or ask NCRC to make a selection for them. The mediators do not decide the outcome, but help the parties reach their own agreements on all relevant legal issues. An agreement is reached when both parties are satisfied with all of the terms.

NCRC also offers optional parenting mediation conducted by a licensed psychologist. The parenting mediator focuses exclusively on parental issues and can be involved when there is a dispute that would benefit from the expertise of a psychologist/mediator, 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 parental interactions. The parenting mediator helps the parties reach their own agreements and/or helps the parties develop a parenting plan that can be incorporated into the overall mediation with the attorney/mediator.

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.

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 developing terms of an agreement which are consistent with the principles of justice and fairness
• discuss what might happen if the parties cannot reach an agreement in mediation and go to court or take other steps
• draft the stipulated order and file necessary documents

It should be noted that the NCRC 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.

WILL THE MEDIATORS PREPARE LEGAL DOCUMENTS?
Yes. The attorney/mediators can prepare or assist in the preparation and filing of documents required by the court. If the parties have met with the psychologist/mediator, that mediator can prepare a written form of parenting agreements.

BEFORE CALLING NCRC DO BOTH SPOUSES HAVE TO AGREE?
No. 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, the initial mediation agenda may be to establish interim agreements for a trial arrangement and a time frame to reconvene.

WHAT DOES THE MEDIATION COST?
NCRC charges a one-time administrative fee of $150 per person payable at the first session.

NCRC charges $300 per hour for the time spent in the mediation session. A mediation session usually takes approximately two hours. The fees are split between the parties or as they otherwise agree. Most post-divorce issues can be completed in 1 to 3 sessions. Payment is due at the end of each session. NCRC requires a credit card guarantee of the first hour of appointments. Nothing is charged on the card unless an appointment is missed or not cancelled with at least two business days’ notice. No retainers are required and we accept Visa and MasterCard for your convenience.

There is a flat fee for drafting the legal documents required to formally complete a stipulated modification order. The document preparation fee will be determined and quoted by the attorney/mediator based on the complexity of the modification and time needed to prepare the order. The quoted fee is due before the mediator will prepare the document(s).

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

If any court filing fees are due, the parties are required to remit those funds to NCRC in a separate check payable to “Clerk of the Superior Court.” The mediator will be able to determine if such fees will be required after the first session. Currently, the court’s fee to enter a stipulated modification of an earlier judgment is $20.

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 in the mediation process. All parties are strongly recommended to obtain a review of the modification order by independent legal counsel prior to signing it. Attorneys are welcome to attend the mediation sessions to advise and counsel their clients with prior agreement of both parties.

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

• Mediation is a unique opportunity to develop mutually acceptable outcomes tailored to the parties’ needs
• Mediation sessions are arranged at mutually convenient times at sites throughout the County
• Most mediation clients can avoid making court appearances

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
• parenting issues
• child support
• spousal support
• financial issues

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?
The parties should bring a copy of any existing orders and the Final Judgment, including the Marital Settlement Agreement (MSA) or Legal Separation Agreement (LSA). You may also bring any documents that you would like to review, discuss or use for guidance during your session. The mediator will work with the parties to determine what information will be needed for further sessions.