Do we need to file divorce papers before beginning mediation?
No, the papers can be prepared after you start mediation.
If my spouse or I have already started a court action, is it too late to mediate our case?
No. You can agree to mediate your divorce at any time before the final orders are entered by the court.
How am I going to be sure I get a fair settlement if I don't have an attorney?
Divorce Mediation is sometimes the only way to get a fair settlement. Often advisarial litigation results in neither party getting a fair settlement because constructive communications deterioraties into an unproductive legal battle.
As co-mediatiors we will address the unique situations that face your family and offer experienced advice to create a fair mutually agreed to resolution.
What do I have to do to finalize my divorce in Rhode Island?
The mediation and settlement process encompasses all aspects of your divorce including financial and property settlements, visitation schedules, parenting plans, the terms of seperation, etc. Mediation is finalized with a memorandum of understanding explaining the settlement, signed by both parties. The signed memorandum is then taken to an attorney of the parties choice to be reviewed and turned into a Marital Settlement Agreement which goes before the court with all parties present for a hearing which is typically just a formality. This is the ONLY court appearance the parties must make as opposed to the 4, 6, or often more appearances that would be necessary in a litgated divorce. Each appearance often carries a substantial cost for each party involved.
How long does mediation take?
To a great extent, you are in control of how long mediation takes. Sessions can be scheduled as often or as infrequently as you wish. The number of sessions needed to reach an agreement depends on the complexity of the issues and upon your ability to work cooperatively toward a solution. For example, on the average, couples without children typically need only three or four sessions, each two hours long, to resolve their issues. Couples with children typically resolve their case with three to eight sessions. Post judgment conflicts generally require only one or two sessions, depending on the number and complexity of the issues. Couples who experience high levels of conflict may require additional sessions.
How do we resolve more complex issues?
Our mediation team is experienced in resolving complex and emotionally charged issues. Pamela has over 40 years of Rhode Island Family Court experience and Jean has over 30 years experience as a counselor, court liaison, parent coordinator, and visitation supervisor. Together, they provide the couple with a unique combination of skills to help them address complex and emotionally charged issues.
What are the risks of mediation?
Choosing an experienced family mediator is the best way to minimize the risks of an unsuccessful mediation. For a minority of couples who are unable to resolve their conflict in mediation, you still have the option to resort to a litigated divorce after terminating mediation.