Debra Synovec & Associates

DIVORCE MEDIAITON FAQ's

How can we mediate since we have too much conflict?

Mediation is not just for people who are cooperating and “able to talk to each other”.   Mediation can be used by all divorcing couples, including high conflict couples or cooperative couples.  The mediator manages the process and helps people, whether they are high conflict, cooperative or someplace in between, to identify issues, create options and add structure in order to reach agreement.   No matter how much conflict is involved, a skilled mediator uses various methods to facilitate cooperative communication, balance power differences, gather information, keep the parties focused and avoid impasses so that the parties are able to come to agreement. 

How does Mediation compare to Litigation?

Mediation allows the couple to address all issues of the dispute. Yet unlike the traditional legal approach where the judge imposes a decision or the attorneys craft an agreement and the parties feel like they are on the sidelines, in mediation the parties make the decisions based on their own unique facts, needs and circumstances.  Mediation usually reduces acrimony as well as emotional and physical stress, requires less time, saves money and even creates effective ways to resolve future conflicts. 
Mediation establishes an environment that is supportive and promotes cooperative communication while balancing power differences. Mediation allows the parties to resolve their issues in private with dignity and integrity. Specifically, mediation

• promotes communication and cooperation
• allows the parties, not the court, to make decisions affecting their future
• promotes positive relationships by reducing conflict
• is confidential. There is no public disclosure of personal problems or finances, unlike litigation where both the trial proceedings, as well as all papers filed, are open to the public
• usually costs less than litigation, negotiated settlements or collaborative law.
  

How does mediation compare to Collaborative Law?

Mediation and Collaborative Law are both methods that have the objective of resolving issues cooperatively.  In Collaborative Law the attorneys enter into an agreement to cooperate and to not litigate even if the couple is at an impasse; however, the attorneys have an ethical duty to protect their own client's interests.  In the event the parties are unable to reach settlement the attorneys are required to withdraw from the case by the collaborative agreement.  In mediation the process is determined case-by-case based on the unique needs and interests of the clients.  In contrast, frequently in Collaborative Law a team approach is used and the team has more input into the process chosen for the clients.  In mediation the clients works with the mediator to determine the process.

In the facilitated mediation model used by Debra the clients may have more self-determination because the process is designed to meet the clients' unique needs and circumstances; the clients decide whether to use parenting specialists, financial specialists, coaches and how often to consult with their attorneys.  Consequently, mediation may be more empowering, more efficient and less costly than Collaborative Law.  On the other hand, Collaborative Law may be preferable if the client wants an established team approach or needs real-time legal advice, (however, even in those situations, the attorneys may be present at the mediation session or available by telephone).

How can mediation work if my spouse is so much more powerful?

There are power differences between all couples. Power is very hard to identify and clients do not know their own power. Through various rules, communication techniques, information gathering methods, and intervention skills the mediator is able to balance most power imbalances.  The goal of mediation is to empower both clients while seeking a mutually agreeable solution.

If I use mediation, do I also need an lawyer

Debra recommends that each party have their own lawyer in order to obtain legal advice. The extent that the parties use lawyers depends on the nature of the case and the needs of the participants.  Debra is a licensed lawyer but is not acting as a lawyer or representing either party in mediation and she does not advise either party regarding their legal rights or responsibilities in mediation.

What issues are decided in mediation?

All issues that need to be addressed may be covered in mediation including:

• Real and personal property
• Division of assets and/or liabilities
• Tax considerations
• Spousal maintenance
• Child support
• Living arrangements for the children
• Parenting responsibilities

How much does mediation cost?

The cost of mediation depends on the complexity of the situation.  Mediation services are charged on an hourly basis for the time the parties spend in session.  Additional administrative charges are incurred for the time that it takes to draft the agreement and, if applicable, any additional documents.  Mediation fees are usually shared by the parties. The administrative charges are paid when the agreement to mediate is signed, and hourly fees are paid at the end of each session.

Because each case is different, the policy of Debra is to offer a one hour initial consultation at no cost for divorce or family partnership dissolution cases involving financial issues in order to review the mediation process, evaluate the case and review potential costs for that particular case.

Who is appropriate for mediation?

All couples are able to achieve positive results in mediation. Debra's approach is client-centered mediation, based on the belief that all people are capable of mediating a constructive agreement in mediation. This is because client-centered mediation focuses on the unique needs of the parties in each case and tailors the process to meet those unique needs in order to achieve the best possible outcome. Even people who have experienced high conflict and acrimony are able to achieve a more productive and fair process of resolution of their conflicts through this framework. Through the client-centered mediated approach the parties reach a settlement that meets their needs more efficiently,holistically and rationally while maintaining control and self-determination compared to other approaches.

Is the mediated agreement legally binding?

Yes, upon reaching an agreement that is signed by the parties, the agreement is legally binding.  In the event litigation has been started, the parties will have a formal settlement and release entered by the court.

What happens if no agreement is reached?

In the event you are unable to reach an agreement in mediation you are free to use any other method of dispute resolution that is available.  Mediation is a confidential process and the mediator cannot be called into court to testify except in rare instances.

Please visit Debra's Divorce Mediation Blog at www.realdivorcemediation.com for more tips and information regarding divorce mediation.

SEATTLE MEDIATOR AND COLLABORATIVE LAWYER PROVIDING DIVORCE MEDIATION, ESTATE PLANNING MEDIATION, BUSINESS MEDIATION IN KING COUNTY