Pro Se Divorce Mediation Services
What is divorce mediation?
Divorce mediation is a process to shepherd both parties through the legal system to reach an amicable and efficient result in their divorce. A mediator does not represent the interests of either party, and will remain neutral throughout the process. The mediator has no authority to tell either party what to do. Nobody will be forced to any terms with which they do not agree.
Does divorce mediation work?
Absolutely. In my almost two decades of representing clients in divorce litigation, the vast majority of cases are resolved by settlement agreements, without the need to go to court. Most cases reach an agreement through informal settlement negotiations before mediation is even necessary. And for those cases where this was not possible, the majority settled in mediation. In my experience, even clients enjoy the mediation process, and comment that it is a more comfortable and positive experience than they anticipated. The success rate for mediation is so great that many courts will Order parties to attempt mediation before the Court will hold a final hearing.
What is Pro Se mediation?
Pro Se is the latin term used in the legal world to mean a party represents themselves, meaning they have not hired an attorney to represent them. So in this case, Pro Se Mediation means that neither party has an attorney, but hire the neutral mediator to move them through the legal process, ensure all of the issues are resolved, and file the necessary documents with the Court such that the divorce is granted.
Is choosing mediation the right choice?
This depends on the individuals involved, but in my experience it is the best option in the majority of cases for several reasons.
Co-Parenting
In the case of parents who will be sharing custody of their children, setting the tone for coparenting early will pay huge dividends. Learning to coparent in an amicable and supportive way will reduce the already traumatic experience for your children. An adversarial relationship between parents is likely to cause damage to the developing minds of the children. It should be the foremost concern of all parents to limit any negative effects of this transition. By establishing, from the beginning, that both parents intend to work together through conflict will set a positive tone for the years of coparenting they will still have together.
Cost
This is no secret, hiring an attorney is expensive. In a highly litigious case, with motions, pleadings, hearings, discovery, depositions, possibly even appeals, you could be looking at tens of thousands of dollars in legal fees for each party to the case. Attorneys bill their time at an hourly rate, and so the more contested issues the parties are unable to agree upon, the more time the attorney will spend, and the higher the bill.
And it is not just what the attorneys will be doing, but the way in which they must do it. The legal system is set up to ensure the Court will receive reliable information which is material to the matter being decided. In order to ensure this reliability, an extremely formal and highly inefficient process occurs through discovery. Yes, it works in contested cases. But that process is not necessary where the parties already agree.
And it is not just what the attorneys will be doing, but the way in which they must do it. The legal system is set up to ensure the Court will receive reliable information which is material to the matter being decided. In order to ensure this reliability, an extremely formal and highly inefficient process occurs through discovery. Yes, it works in contested cases. But that process is not necessary where the parties already agree.
Faster
A rather normal contested dissolution of marriage action can take approximately nine months before a divorce in granted, and that assumes everything runs smoothly. But a case pending for over a year is certainly common. A mediation with my office will work to move through this process as fast as possible such that the parties may move on with their lives.
Maintain Control Over the Outcome
When you have a contested case and take the case to Court, you lose control of the outcome. You might have the best attorney available, but it is the Judge presiding over your case that will decide. You will pay thousands and thousands of dollars, but your attorney cannot guarantee you an outcome, and it would be highly inappropriate for any attorney to do so. By reaching a resolution to all issues in your divorce by mediation, you maintain control over the terms. You get to decide whether or not the terms are acceptable to you.
Too often parties use the legal system as their own form of conflict resolution. This is extremely expensive, can take months or years, it is incredibly invasive, and at the end of the day leaves the decision up to the Judge, which may or may not go in your favor. Contact the Law Office of Thomas M. Green to discuss whether Mediation is the best option for you.
Too often parties use the legal system as their own form of conflict resolution. This is extremely expensive, can take months or years, it is incredibly invasive, and at the end of the day leaves the decision up to the Judge, which may or may not go in your favor. Contact the Law Office of Thomas M. Green to discuss whether Mediation is the best option for you.