Ian Grodman, Accord Mediation
I am often approached for help with divorce litigation and end up suggesting that clients consider mediation. Many clients choose mediation, and ask me to assist them with mediation review services, and finalizing the divorce following the mediation process. Clients often have heard about the option of divorce mediation, but have less knowledge of how it works in practice and how it helps divorcing couples.
Here is my interview with Ian Grodman, of Grodman Mediation, who will tell us more about divorce mediation.
What is divorce mediation?
Mediation is a process in which the parties to a dispute or conflict are assisted by a neutral, third party. In the divorce scenario, the parties meet for a number of mediation sessions with the mediator who facilitates communication between them directly to resolve the issues which must be addressed, including parenting schedules and child support, distribution of property and assets, and spousal support. Working with the mediator, the divorcing couple reviews their family’s circumstances, discusses their needs, and work together to come up with the best solutions for everyone involved.
How does divorce mediation differ from litigation or negotiating a settlement?
Mediation is very different from litigation. In mediation, the parties communicate with each other directly, rather than through counsel. The communication is typically in a peaceful environment, the confidentiality of which is protected by law. The parties, with the assistance of the mediator, have complete control over the process, the problem solving, and the solutions which are developed to meet their needs.
Why do divorcing parties need lawyers or other professionals if they have a mediator?
The mediator is a neutral third party facilitator, and does not represent either of the parties. Accordingly, the mediator cannot give legal advice, nor can he or she advocate for the parties. While a good mediator can provide legal information generally, he or she cannot advise or come up with a legal strategy for either of the parties. That should be done by each party’s individual attorney, who can insure that their client’s interests are protected.
How is divorce mediation better?
Most people focus on the economic benefits of mediation, which almost always leads to a more efficient and cost effective manner of resolving the issues which come into play in a divorce. That is a tremendous benefit, but when I first meet with parties thinking about mediation, I tell them that I believe the greatest benefit of mediation is that you, the parties, are making the decisions and determinations about what is best for you and your family-and nobody knows you and your family better than you.
What happens after mediation?
Once mediation is completed, the mediator will draft the agreement using the terms which have been agreed to during the mediation. I advise my clients to review the terms of the agreement with their own individual counsel who will advise them if the terms are sound and reasonable (which they should be). The final agreement will be incorporated into the final Judgment of Divorce.