What is Mediation, and How Does it Work in Pennsylvania Family Law Cases?
During mediation, a neutral party will work with divorcing spouses to help them come to a resolution surrounding issues regarding child custody, support, alimony, and property division. Mediation allows a couple to discuss their issues in a calm atmosphere, with a mediator facilitating communication between the two persons. If you and your spouse are in agreement on most issues, then you may want to consider mediation. In this blog, our Harrisburg mediation attorneys provide an overview of the mediation process in Pennsylvania and some of the advantages of choosing this form of alternative dispute resolution.
An Overview of the Mediation Process in Harrisburg
During mediation, a divorcing couple meets with a mediator (an impartial third party) to discuss issues concerning the termination of their marital union. During mediation, a couple will discuss property division, alimony, child custody, and child support issues. If either individual is in disagreement on a certain issue, the mediator will facilitate a discussion to help both persons come to a resolution. Generally, most divorcing spouses resolve their issues in one to three sessions, with some couples requiring more.
Mediation is a voluntary process, but for it to be successful, both individuals must openly share their finances. At any point, either person is free to walk away from negotiations and pursue their case in court.
How Does Mediation Work?
A mediator cannot provide either party with legal advice. Instead, a mediator’s role is to enable conversation between both persons to help them come to a compromise. Each spouse is required to disclose the entirety of their income, property, assets, and debts through voluntary financial disclosures. You will want to gather the entirety of your financial records to ensure that this disclosure is completed fully and accurately.
Discussions with the mediator are confidential, although either party is free to request to speak with the mediator privately during any point of the process. Once both parties have come to an agreement, the mediator will draft a mediation agreement outlining the agreed-upon terms. While the process is welcoming and designed to help both parties meet halfway, it is advised that you seek legal counsel to review the terms of the agreement before signing.
Mediators come from a variety of backgrounds and are not required to be attorneys. Mediators who are not lawyers in Pennsylvania generally charge between $100-$300 per hour. Most couples split the mediation bills evenly, with some couples using marital assets to pay.
Advantages of Divorce Mediation
Mediation offers the following benefits:
- Both persons will hear the other side’s perspective on various issues
- It allows both persons to maintain an ongoing relationship on friendly terms
- It allows both persons to retain control of how their property and bank accounts are being split up and other divorce issues
- It saves time and money (in comparison to litigation)
- A certain level of privacy is maintained, with the court seeing the final resolution between both parties
Considering Mediation? Speak with Our Harrisburg Mediation Lawyers Today
If you or a family member are considering mediation, our legal team is ready to assist you. The Harrisburg mediation lawyers at Purdy Law Office understand that divorce is an emotionally challenging time, plagued by “what ifs.” Mediation allows both persons to end their marriage on amicable terms, coming to an agreement on major issues without the pressures of litigation. To learn more or schedule your consultation, contact our office online or give us a call today.