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The Process

The divorcing couple meets with the mediator, who is a neutral professional. The mediator helps the couple identify their needs and interests, and those of their children. Essentially, the mediator helps the couple determine what is most important to them. Once these needs and interests are determined, then the mediator brainstorms options and solutions with the couple to help reach a meeting of the minds for settlement.

A good place to start is to discuss a parenting plan for the children. How will the major decisions related to the children’s health, education, religion and general welfare be decided? What physical access will each parent have to the children? The parents are encouraged to focus on the children’s best interests in addressing these issues.

As we progress, I will help you and your spouse to effectively resolve other key issues such as financial matters, property division, equitable distribution of assets, and maintenance. Upon completion, all parties will receive a Memorandum of Understanding to ensure there is a full understanding of what was discussed and agreed to.

What is Mediation?

Mediation is a process that gives you control.
You make the decisions.
The mediator provides a framework for constructive communication so you can work out solutions to the issues relating to your continued marriage, your separation, or divorce.

As a neutral, the mediator does not take sides, is not an advocate for husband or wife, and does not give legal advice. The mediator will provide you both with legal information. Once an understanding for settlement is reached, I will prepare an outline of the settlement terms which, in turn, is given to an attorney to prepare a separation agreement and uncontested divorce papers. I welcome the involvement of legal, tax, financial, and other professionals to provide you with advice and information that will enable you to make fully informed decisions.

Remember, the decisions are yours to make, in mutual agreement with your spouse. The mediator will not impose any decision on you.
 

  “Mediate, Don’t Litigate!”
Carol T. Simon, 175 Main Street White Plains, New York 10601