Dan Stein Family Mediation
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Dan Stein, MS | 2225 Hayes Street, Eugene, OR 97405 | 541-344-7068

Divorce Mediation

1. What Is Divorce Mediation? Most people are familiar with divorce litigation. In traditional divorce proceedings, both spouses hire lawyers to litigate their divorce in an adversarial manner. Discovery is conducted, motions are made, and the case is prepared to be tried. All too often, the result of this adversarial process is a large bill for the two attorneys, and the squandering of whatever good will and affection once existed between the litigants. Children and other family members are caught in the middle of a difficult, and avoidable, legal battle.

Divorce mediation uses a neutral party-the mediator-- to assist the couple to identify the necessary issues that need to be addressed and to help them create reasonable solutions that work. Unlike divorce litigation, divorce mediation is non-adversarial. There is not one "winner and one "loser." Mediation involves the participants viewing themselves not as adversaries, but as working together to find solutions to their problems and needs. back to top

2. What Gets Discussed In Divorce Mediation? The same topics that would be covered in a litigated divorce are covered in mediation. If there are minor children, parenting schedules, parenting plans, child support and related issues are discussed. A fair way to determine equitable distribution of financial assets and liabilities, whether spousal support is warranted, and any other consideration of bearing to the couple and their family will also be discussed. back to top

Each couple is different. Mediation takes the time to understand the unique needs, wants and concerns of the family, and works to come up with a divorce agreement that addresses them.

3. Does Mediation Work in Every Divorce Case? Mediation works very effectively in most, but not all divorces. Mediation gets the couple talking in a structured, safe environment directly to one another. Surprisingly, mediation does work well in cases where one or both parties are very angry. Why? Because over time, the couple realizes that it is in their shared, best interest, especially when children are involved, to be cooperative. They come to realize that divorce is not about revenge and 'getting even,' but as an opportunity to move on with life. Some situations where mediation may not succeed are where one spouse lies or withholds information about assets, there is danger of physical abuse, one party is not able to negotiate at all, or where emotion completely overwhelms the ability to be fair-minded. back to top

4. How Much Will Mediation Cost? My hourly rate is $100 per hour. In the fee agreement signed at the beginning of mediation, clients agree upon how the costs of mediation will be divided between them. Payment is usually required at the end of each session. If you are in any way dissatisfied after the first mediation session, let me know, and there will be no charge. In this way, there is no risk for trying mediation.

Typically, sessions last one to two hours. Clients can meet as frequently or infrequently as they desire. The typical pattern is every two weeks.

Less complex cases, and cases where the couple already have reached agreement on a number of issues, may take only two or three sessions with two hours of drafting time, for a range of $600 - $800. For a full divorce mediation with child and property issues where most of the issues are not resolved, there may be four to six sessions, with an additional three hours time for drafting the agreement and session summary letters, for an estimated total cost of $1,100 - $1,500. After I talk with you in the first session, I will be able to give you a more accurate estimate of your mediation fees.

After mediation is completed and an agreement is signed, an attorney in most cases should review the agreement. Legal papers will need to be prepared by the clients, or by an attorney or paralegal they hire. The court charges a filing fee to file the legal papers. For divorce or separation or a parenting plan for unmarried parents, the fee is around $350-400. If you have children, you will each also need to attend a mandatory 3½ hour parent education class. back to top

5. How Does This Compare To Attorney Costs? It is difficult to estimate how much it will cost to have attorneys work out an agreement as compared to mediation. Generally, family law attorneys charge $150 per hour and up, and both clients must hire separate attorneys. Depending on whether there is a lot of back-and-forth negotiation, the fee might easily be $2,000 or more each, for a total of $4,000 or more. If an agreement is not reached by attorneys negotiating and a trial is required, the additional cost could cost an $5,000 or more.

Finally, you should be aware that Mediated Agreements have a higher satisfaction rate and compliance rate than attorney negotiated or litigated judgments. For situations that include parenting plans, studies find that the children are better adjusted with mediated agreements as compared to attorney-negotiated or litigated judgments. This factor can translate to a savings of future legal fees. back to top

6. Does the Mediator Prepare the Divorce Papers? No. In Oregon and most states, the same person even if he or she is a practicing attorney, cannot act both as your mediator and as your attorney. You need two separate professionals.

The end product of divorce mediation is a detailed document called a Marital Settlement Agreement (MSA) that sets forth in writing all the various points of agreement that were reached by you along the way. One or both of the divorcing couple would give this document to their attorneys, who will review it and prepare the necessary paper work to file the case with the courts.

Clients are sometimes concerned that having to use a lawyer in addition to the mediator will be more expensive than just using a lawyer to handle the whole divorce. Using a divorce mediator to help reach an agreement on the terms of a divorce eliminates over 90% of the work that is normally done by divorce attorneys in the litigation process, and is done at substantially less cost. The attorney's role in working with a mediator is reduced to a very narrow one: reviewing the MSA, drawing the legal papers, and appearing with you in court, if necessary, for a very brief appearance to put the divorce through. I can recommend attorneys who are willing to work with mediators who can do the paperwork for you. back to top

7. How Much Child Support Will I Have To Pay? Oregon has developed Child Support Guidelines to assist lawyers, judges and the public in determining a minimum child support amount for families of a given size and income level. These guidelines can be confusing to understand. Mediation can help you determine a level of child support that is fair and takes care of the needs of your children. back to top

8. Will I Have To Pay Alimony? Not every divorce involves the award of alimony, now called spousal support. There has to be the need for such support and it has to be requested. Spousal support can be permanent, or for a specific term, or for so-called rehabilitative purposes. Many factors play into whether spousal support is to be paid at what amount, and for how long. In mediation, each couple explores their attitudes and opinions regarding the issue of spousal support, and where appropriate, reaches an agreement on the type, duration and amount of spousal support that works for them. back to top

9. Can Mediation Help Before Divorce? Yes. Whether or not divorce is decided upon, mediation can help struggling couples agree upon "ground rules" that they can both live by until a decision about their future is made. These interim agreements can address parenting schedules with the children, rules regarding conduct while with the children, the payment of joint bills, the sale of assets, etc… back to top

10. Can Mediation Help Non-Married Couples? Yes. Regardless of whether couples are married, mediation can assist in identifying the important issues involved in splitting up. Mediation can help you address each of the issues involved, from parenting issues to financial issues. I welcome working with non-traditional families and couples. I provide a safe, friendly and confidential environment within which their needs and concerns can be discussed and resolved. back to top

Please feel free to call, email, or schedule a visit at no charge, if you have any further questions that have not been addressed here.

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