Ten Tips to Help You Obtain a Speedy and Amicable Divorce Through Mediation

TEN TIPS TO HELP YOU OBTAIN A SPEEDY AND AMICABLE DIVORCE THROUGH MEDIATION - Litigation Quarterly Advisor: Family Law Edition - Summer 2024 - Brach Eichler
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July 12, 2024

1. Consider mediation with an experienced, retired Family Law Judge.

2. Make a list of the issues you are trying to resolve: Custody? Parenting time? Child support? Distribution of assets? Spousal support?

3. If custody and parenting time are issues, focus on your children first. DO NOT put them in the middle or discuss the process with them. Just remind them how much you love them always.

4. Make a list of all your assets and liabilities owned jointly or separately: bank accounts, pensions, retirements and 401K accounts, marital and vacation homes, automobiles, or other assets and liabilities as well.

5. Know your goals: how much do you need to live on after the divorce? Consult with lawyers, financial planners, and if necessary forensic accountants before you engage in mediation so you have a clear picture of what you have now and what you need in the future.

6. Make a date to mediate once you have all the information outlined above. Ask the mediator for a pre mediation Zoom call to identify outstanding issues and understand the mediation process.

7. Prior to mediation, send a proposal for resolution to the mediator and if you agree to do so, share that proposal with your spouse or spouse’s lawyer.

8. Attend mediation with an open mind, willing to listen, compromise and adapt your plan, to get to the goal of a speedy and amicable divorce. Mediation likely might take several sessions.

9. Be prepared to bend or be flexible on what are not your most important points. Understand where you are willing to compromise. The goal is a fair, amicable and speedy divorce which will benefit both parties and any children.

10. If an agreement is reached at mediation, ask your lawyer to draft a “Term Sheet” or a “Marital Settlement Agreement” to be signed by both parties and submit to the court for an “uncontested divorce.”

Click Here to read the entire Summer 2024 Litigation Quarterly Update: Family Law Edition now!

For more information, contact:
Lisa F. Chrystal, P.J.F.P.(Ret) | 973.364.8359 | lchrystal@bracheichler.com

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.