How Long Does It Take to Get a Divorce Through Mediation?

By Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Collaborative Lawyer

The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and increased cost. At the outset, the Mediator will provide clients with the form and instructions.

To complete the Divorce Mediation the mediator will guide the parties through any issues surrounding the three major components of a Separation Agreement – the children, support and division of property.

The length of time it takes to resolve each component is directly related to the amount of disagreement on each component.

For example, if the parties have already agreed on how many over-nights the children will spend at each parent’s home, they have essentially resolved about 1/3 of the Divorce Mediation. The same applies to support. If the parties agree with the accuracy of each other’s Financial Statement and their respective post-divorce financial needs, they will also have resolved 1/3 of the Divorce Mediation. Lastly, if the parties agree on the accuracy of each other’s Financial Statement and have already decided how the property listed on each Financial Statement will be divided between them, then they will have resolved 1/3 of the Mediation.

Assuming a fact pattern similar to the above, then the mediation can be completed in less than three hours. There remains only the preparation of the formal Divorce Separation Agreement by the mediator. (Only divorce mediators who are attorneys can prepare Divorce Separation Agreements.) Under the above scenario, it would take about one and half hours or less to prepare the Agreement.

So how long does a divorce mediation take? About four to five hours if the Financial Statements are accurate and the parties are in agreement as to the major issues.

 

©2018 Anthony C. Adamopoulos

Divorce Arbitration is the Way to Go! So……

A decision of our Appeals Court, Gravlin v. Gravlin, is helpful for those facing divorce.

For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial.

In Gravlin, the Appeals Court acknowledged “… arbitration has long been recognized as a valid means of resolving disputes between divorcing parties.” This Blog has often praised the value of arbitration as an alternative to divorce litigation; with Gravlin, the Appeals Court stamped an imprimatur of sorts on divorce arbitration.

While arbitration is available to replace a public court trial, it is also available if collaboration or mediation reaches a deadlock (a stalemate on one or two remaining issues); then, it is time for divorce arbitration.

When parties follow a simple process, the Appeals Court promises a “… strict standard of review [that] is high[ly] deferential…” to an arbitration award.

What does the simple process involve? The simple process requires that:

  • Respective counsel advise each party.
  • Parties freely enter an Agreement to Arbitrate.
  • Parties knowingly waive a court trial and submit to arbitration.

If there is any trial court review of an arbitration award, the review will be limited to determining:

  • The arbitrator’s award was confined to what he/she was asked to decide;
  • The award did not give relief that is prohibited by law;
  • The award is not based on fraud, arbitrary conduct, or procedural irregularity in the hearing.

(In my experience, the selection of an experienced, knowledgeable arbitrator will result in a positive review and enforcement of the award.)

For collaborative attorneys and mediators, Gravlin is another reason to recommend arbitration for settlement stalemate.

For parties facing divorce or divorce stalemate, arbitration is an alternative to a costly, lengthy and publicly litigated trial.

*Anthony is a divorce arbitrator, collaborative attorney and divorce mediator. His office is in Salem.

© 2016 Anthony C. Adamopoulos