What is divorce mediation (a.k.a collaborative divorce)?
Many divorcing people, especially those with children and property to divide, find that they benefit greatly from divorce mediation prior to filing their divorces. A divorce with terms come to with the help of a licensed, professional mediator is known as a Collaborative Divorce.
Using the services of a mediator allows you to go through what is often a painful process with an experienced, licensed, third party present to guide both of you.
How divorce mediation benefits you:
Through the mediation process, you’ll come to decisions regarding your children that work for both parents and, most importantly, for the children. Leaving it up to a judge in a divorce trial, as well-intentioned as she or he might be, never makes anyone happy because the decision is made by someone who knows little of you, your children, and your life.
You’ll always come out ahead when you make those decisions with the guidance of a mediator. It’s the mediator’s job to delve into your life and to keep a neutral position and to figure out how to work things so that all parties come out a winner.
It makes dividing property through mediation in a fair manner less emotionally painful and also greatly helps you to understand what’s normal and customary under the circumstances. You’ll leave the process feeling that the community property that remains yours came to you fairly and equitably, rather than being awarded it by a judge who knows nothing of your personal circumstances.
When you undergo the mediation process with a licensed, experienced mediator, you defuse the acrimony that often enters divorce negotiations – without mediation, a tense situation holds potential for a much worse outcome than necessary . . . for all involved: you, your spouse, your children.
The last consideration is the well-known fact that you save a lot of money by making use of the services of a mediator and agreeing on everything before filing the divorce. Neither of you benefits from paying exorbitant sums to attorneys to “fight it out” for you in court. The only winners in this case (financially) are your attorneys. And you end up losing funds that would make your life future life easier.
So, if you have children and/or property and cannot agree on your own on how to divide everything, seriously consider the services of a mediator before moving forward with your Nevada divorce or Nevada annulment.
In many cases, just an hour or two with a mediator can resolve all of your issues and save you literally thousands of dollars in attorney fees. We’re here to help.
Mr. Smith is a licensed attorney in Nevada with 20+ years of mediation experience. Mr. Smith has successfully taken many couples through a Collaborative Divorce.
Attorney James Smith Mediator Credentials:
• Certificate from the American Bar Association in mediation, arbitration and alternative dispute resolution
• Arbitrator for the Nevada District Court’s ADR-alternative dispute resolution-program
• 20+ years of mediation experience
Cost of Mediation:
• $399 per session. Huge majority of clients need just one session.
• Savings obtained by agreeing before filing: immeasurable
Frequently-asked questions about collaborative divorce
- Is it mandatory to follow the advice of the attorney given during mediation?
No, it is not mandatory. Neither party is legally bound to the advice given to you during a mediation session preceding a divorce.
- Must I be physically present with my spouse for the mediation session?
If you are not comfortable meeting in person with your spouse, the attorney can arrange for the mediation to take place in the form of a conference call. The attorney will initiate the call.
- Can I ask the attorney some questions alone before I decide whether or not to participate in mediation?
To maintain his neutral position and to be ethically able to represent both parties in a Joint Petition Divorce following your mediation, and to ethically conduct mediation, it is not possible for the attorney to speak with either party without the other party present at any time before the mediation except for the purposes of setting up the logistics of the mediation session, which is usually done by his staff to avoid possible bias.
- What if I go through mediation with my spouse and he or she won’t be reasonable and we don’t reach an agreement. Can Mr. Smith represent me in a Complaint for Divorce after the Mediation?
It is rare for a couple who is open to mediation to come out of it with no agreement. But if it were to happen, the attorney would not be able to represent either party in a one-signature divorce. You would each have to retain a different attorney. After he has conducted mediation with the parties to a divorce, Mr. Smith can only represent them in a joint petition divorce.