Divorce & Mediation Services
Just because your marriage is ending does not mean that you have to draw battle lines. Attorney Canevazzi offers porce mediation and legal representation that gives both spouses a voice in how the marriage is dissolved.Rather than each party hiring a separate attorney to negotiate and advise, both of parties hire one mediator to help negotiate their own Agreement. Mediation is designed for the parties to act for their own interests and to enter into the communication directly. Mediators are not advocates and do not take sides. The mediator is a trained, neutral, third party who will help both parties reach a self-determined and reasonable agreement that each party will be able to understand, accept and implement.
WHAT ARE POTENTIAL BENEFITS OF pORCE MEDIATION?
Benefits of Satisfaction with the Settlement
Studies have shown that people who mediate their own Separation Agreements tend to be more satisfied with them over time than people who sign lawyer-argued agreements or court imposed regulations. Through mediation, disputes almost always have a reasonable point of resolution which will allow both sides to come away with their minimum needs met. Unsatisfactory agreements lead right back to court again and again, keeping the dispute alive - to everyone's detriment.
Benefits To Your Children
No one suffers from the long-term trauma of porce more than children. Mediation is a critical tool to help couples put aside their personal animosity and search for terms, which will best serve their children. Mediators can encourage decision-making based on your children's need for both parents. When you go through a face-to-face mediation, you begin to make mutual decisions about the children - a process which, like it or not, you will have to repeat throughout their minority. The mediation process will take you far toward helping your children survive the porce without developing negative feelings toward either parent.
Benefit of Avoiding Litigation
By mediating your own separation agreement, you will keep your marital conflicts confidential and be spared the additional pressure of open court proceedings and the involvement of your friends and family members. Mediation is also usually a quicker process as most cases are mediated and submitted to the court within three to four months from the onset of talks, whereas, a litigated porce can take longer than a year just to be assigned a trial date.
The cost of mediation will differ in each case, depending on the number of issues, which need to be resolved, and the amount of time it takes to reach agreement. The average mediation conducted by Attorney Canevazzi is completed within three to four two-hour sessions at $200.00 per hour. After agreement is reached, the Attorney will produce your Separation Agreement and complete all the necessary documentation required to file your porce proceeding with the Probate Court. The average mediation cost is between $900 - $1,500. Both parties may share equally in this cost, or it can be the expense of only one party. Payment is on a session-basis allowing for budget considerations without excessive retainers. In a contested porce with both parties hiring separate counsel, you can expect to spend several thousand dollars each, with a large retainer fee up front.
HOW DOES MEDIATION WORK?
The initial step consists of a familiarization with the process - an instructional period designed to cause the parties to adjust their thinking and assemble the pertinent data required.
The second step consists of discussions with BOTH PARTIES present before the mediator. Each party will be given equal and sufficient time with which to set forth their information and voice their concerns and desires for the future. The mediator will guide you into a Separation Agreement by assessing this given information, making additional inquiries where indicated so as to address all necessary issues, and then set forth possible resolutions of the various problems - present and future, so that you may proceed to conduct your affairs in a more tolerable manner.
In the final step, the Separation Agreement is submitted to the Court along with all the necessary documentation required for assignment of a hearing date. Both parties appear before the judge and after approval of their Agreement, the porce is granted.
In summary, compromise through mediation is a far wiser alternative. The porce process is faster; the expenses are more than cut in half; and the parties are better able to devote their time and energy in focusing upon the process of establishing their new life roles.