You’re not allowed to be anything but the mediator when you’re in mediation. However, it’s not like you can’t leave out your life experience. Because you do have life experience that helps, and whether that life experience came from being a mediator or being a lawyer or doing finances, you can still use that information […]
Divorce Process
What is co-mediation and when is it typically used?
That’s when you have two mediators and typically you would use it if you have what we call stumbling blocks in mediation – where we get to a point where we can’t get the parties to move in any direction. Having a co-mediator there for that session, they’re sometimes able to approach it from a […]
Is it necessarily for a divorcing couple to each hire a lawyer to review the agreement before the couple signs it?
Not necessary, but they should just to be absolutely sure. The caveat to that is that if it’s a financial mediation, what went on in mediation is not necessarily what the law would have given the people. However, the people are comfortable with the agreement that they worked out. The lawyer then gets involved, and […]
Does the mediator typically draft the divorce agreement?
In Illinois, it is not allowed. The mediator is supposed to just send a letter stating the agreement to the other attorneys, and then the attorneys would draft it. On occasion, rare occasion, the attorneys will both agree and the parties will agree that the mediator should draw up the agreement. But, for the most […]
What can someone do to prepare for the divorce mediation process?
You have to know what your goals are. You have to be prepared to figure out in your own head what you want and what your goals are. Those are two different things. We want to have a stable life, but our goal is that we survive. Those are two separate things, right? That happens […]
Is mediation more or less expensive than other forms of dispute resolution?
Usually the lawyer would charge the regular hourly rate, which in our county is anywhere from $250 an hour to $450 an hour. If you’re court-appointed, it is less expensive. The court sets the rate at $225 an hour. It can be less expensive in the long run if you have one half of the […]
How long does a typical mediation process take?
It depends. If we’re just doing children’s issues and the parties are relatively co-operative with each other, you can get it done in a couple of hours. If you’re doing the whole thing – all the financial and children’s issues – then that might take eight, 10, 12 meetings. It just depends. It also depends […]
What are the advantages to using collaborative law versus litigation or mediation?
In collaborative law, it’s working with the parties – almost like mediation with lawyers except that you’re putting everything on the table the same way. In court, you have to go through a lot more different steps – you have to do discovery, you have to do all the paperwork, and reviewing all the paperwork […]
How long does the divorce process take?
Paula J. Swensen, a Certified Family Law Specialist in Newport Beach, California, discusses how long the divorce process generally takes.
Do I need a financial advisor as well as a lawyer for my divorce?
Do I need a financial advisor as well as a lawyer for my divorce? Won’t I be paying twice the money for two professionals to be doing the same work?
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