Divorce can be a challenging and emotionally charged process, but divorce mediation with Bates Family Law offers a more amicable and cost-effective alternative to the adversarial nature of traditional litigation. New York, like many other states, provides Rochester area couples with the option of divorce mediation as a means to peacefully resolve their differences and come to mutually agreeable terms. To assist couples in understanding the process in better, the typical divorce mediation steps in Rochester are outlined below.
Step 1: Initial Divorce Mediation Consultation
The divorce mediation process typically begins with a no cost, initial consultation with our mediator, Jeff Egburtson. During this meeting, Jeff explains the mediation process, its benefits, and its limitations. Both parties will have the opportunity to ask questions and express their concerns. If both spouses decide to proceed with mediation, we can schedule the first mediation session at that time, or at any time in the future that works for all parties.
Step 2: Divorce Mediation Sessions
On average, divorce mediation at Bates Family Law will take between 2-3, hour long sessions. During each session, Jeff will facilitate a series of structured discussions centered around the decisions that need to be made in your divorce. Often, the first sessions are centered on the children and all the decisions that need to be made regarding their care. The final sessions are focused on the division of marital debts and assets. If there are no children in the marriage, then the division of debts and assets will be the bulk of the conversation. Before that particular session, the parties will need to gather all the necessary financial and personal information. This includes details about assets, liabilities, income, expenses, and it is provided via a Statement of Net Worth. Both spouses must be transparent and provide accurate information to facilitate a fair resolution.
Step 3: Identifying Issues and Communication during Divorce Mediation
During the mediation sessions, Jeff assists the couple in identifying and prioritizing the issues that need to be resolved. These issues often include property division, child custody, visitation schedules, child support, spousal support, and any other concerns specific to the couple’s situation. Effective communication is the cornerstone of divorce mediation. Jeff creates a safe and neutral environment where both parties can openly discuss their concerns and interests. Through facilitated conversations, they work together to find common ground and explore potential solutions.
Step 4: Negotiation in Divorce Mediation
Once the issues are identified and discussed, the negotiation process begins. Jeff will help guide the discussion, ensuring that both parties have a voice and that the negotiations remain respectful and constructive. The goal is to reach mutually acceptable agreements on all issues.
Step 5: Drafting the Memorandum of Understanding
Once both parties are in agreement, the mediator drafts a document known as the “Memorandum of Understanding” or MOU. This document outlines all the terms and conditions of the agreement the parties have reached.
Step 6: Review by Attorneys
Each party is then encouraged to have independent attorneys review the MOU to ensure that their legal rights are protected. This step helps provide an additional layer of legal assurance and clarity.
Step 7: Drafting and Submission of Divorce Documents
After the MOU is reviewed and approved by both parties, drafting legally binding divorce documents is the next step. This can be completed by any attorney of the parties choosing, including Bates Family Law. Once these documents are drafted, approved, and signed by both parties, they are submitted to the court for approval. A judge will review the documents to ensure it is fair and equitable. Once the court approves the agreement, it becomes a legally binding divorce decree.
Conclusion
Although not all encompassing, these are the typical divorce mediation steps in Rochester. To get more details or to find out if divorce meditation is the right path for you, take our online quiz or call Bates Family Law today at (585) 433-4661 to speak directly with our divorce mediator and to schedule your free consultation.
