Mediation
Process
Divorce is no walk in the park. Madison Divorce Mediation is here to ease your journey offering structure, encouragement, and guidance thoughout the process.
Mediation
Process
Divorce is no walk in the park. Madison Divorce Mediation is here to ease your journey offering structure, encouragement, and guidance thoughout the process.
P H A S E O N E
Getting Organized
Seek & Secure Help
It matters who you hire for this job. Divorce is incredibly personal. You are at your most vulnerable, embarked on something you don’t fully understand, but which will have great influence on your life. Everything is upside down, and it can be hard to know who to trust. Take your time and explore all the options.
Schedule Initial Consult
At Madison Divorce Mediation, we offer a free 30 Zoom minute consult. We meet with both of you together so you can start off with the exact same information. We answer all your questions about mediation and other divorce options, and we try to give you an idea of what it would be like to work with us. At the same time, we assess your readiness for this style of conflict resolution.
Hire Your Divorce Mediator
If you decide to work with us, getting started is so easy. We’ll need you to fill out some basic forms, sign our Mediation Agreement, give us your payment information, and we’ll start scheduling your first meeting
P H A S E T W O
Initiating the Divorce
File for Divorce
Your first step will be brief individual meetings with your Lead Mediator; a trained mental health professional. This is to give us a chance to learn where each of you is starting individually. If you have children, our next meeting is to discuss everything about raising children from two homes: from when and how to tell them about the divorce, to what the placement plan should be.
Meetings with the Lead Mediator occur with both or just one of you, depending on your needs. If one of you meets individually with the Lead Mediator, the other will have the same opportunity. There will be as many or as few of these meetings as you need.
The full team Financial Meeting will be scheduled as soon as you have submitted your financial documentation. In the first meeting, we review all your assets and debts, ensure we have all necessary information, and hear from you what your priorities are. If one of you wants to buy a house, or start a business, or maximize retirement dollars, this is when those desires come into play.
If you have not yet filed, we’ll file for you electronically. This way, the courts will correspond with us, and we can buffer you from that. Legally it does not matter if you file jointly or singly, but this can have emotional significance. We are happy to talk you through that decision.
Attend Mediation Meetings
Gather Financial Documents
We will give you all the forms you need to complete. One of these is the dreaded Financial Disclosure Statement (FDS). This comprehensive document helps you identify ALL your debts and assets, which you will list on the form, whether or not you think they should be considered part of the divisible marital estate. Houses, cars, boats, bank accounts, inheritances, credit cards, everything must be disclosed.
Reach Agreements on Important Questions
Over the course of two to four meetings, we work through discussions about the kids, property, debt, and income division, until we find a comprehensive agreement that is workable for both of you. This agreement is usually more than one party wants to pay and less than the other wants to receive. That’s called a compromise.
Manage Emotions and Communication
All along the way, we identify and discuss unproductive marital communication patterns and dynamics that may emerge during the divorce process. We will work with you to be skillful in group meetings, even when emotions run high. It is hard to stay calm and civil under pressure, but we will help you do it!
Document & Finalize
P H A S E T H R E E
Your Attorney Mediator will write up your Marital Settlement Agreement (MSA). Attached to this is the Parenting Plan you will have developed with your Lead Mediator. This document memorializes in great detail ALL the decisions you have come to through all the meetings. At this point, if you have any questions or uncertainties, we encourage you to have your agreement reviewed by an independent attorney, familiar with mediation. We will give you a list of names of excellent attorneys for this purpose. Once you are satisfied, you will sign the agreement, and your Attorney Mediator will file it with the court.
Execute Separation Agreement
All along the way, your Attorney Mediator will assist you in communicating with the court. Scheduled status conferences can usually be cancelled, once the court knows you are working with us.
Court Filings
Final Hearing & Judge Approval
Once the MSA is filed, the court will assign you a date for a final hearing. The day before that hearing, your Attorney Mediator will call you to prepare you for the hearing. You do have to appear in person, and your mediator cannot appear with you. However, every hearing is the same. You will know ahead of time exactly what questions will be asked. You do not have to bring any documentation with you. Even though this hearing tends to be dry and brief. It is usually an emotional experience. Come prepared with tissues, and be sure to have supportive family and friends available to you afterwards.
Let’s Talk!
MADISON DIVORCE MEDIATION
We offer a free 30-minute consultation to all new clients to gauge whether we’re the right fit for you. We’ll get to know specifics of your family’s situation and why you’re interested in divorce mediation as a solution. We answer all your questions and help you decide if mediation is right for you.