INFORMATION ABOUT DIVORCE MEDIATION

Mediation is a process that tries to solve legal matters by having the parties, with the help of a trained mediator, reach a mutually satisfactory result without suing each other in court.

We hope that the questions and answers presented here will assist you in familiarizing yourself with the issues involved in Mediation. However, not all problems can be mediated successfully. Because all legal matters are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS DIVORCE MEDIATION?

Mediation is a cooperative effort between two people whereby both win, not a competitive one where someone loses. Each person freely chooses to participate in mediation and takes full responsibility for his or her decision to do so. Consequently, blame or fault have no place in mediation. All issues to be resolved in mediation, such as division of property or spousal support, are done on the basis of need, and not affected by the past actions of one or both spouses.

WHAT DOES A MEDIATOR DO?

The mediator is not acting as a lawyer, therapist, or judge. The persons coming for mediation make their own decisions. The mediator cannot and will not decide for them. The mediator also will not tell the parties what they should or should not do. The mediator may, however, furnish factual information to help the parties resolve an issue, and he or she will assist you in reaching an agreement according to your needs and financial resources.

DO I NEED A MEDIATOR PLUS MY OWN ATTORNEY OR OTHER PROFESSIONAL?

The mediator does not give legal advice or perform legal services. Each spouse is encouraged to obtain the advice and counsel of an experienced family law attorney during the mediation process. If other specialized information is needed, other consultants, such as real estate, business, and pension appraisers and accountants, may be contacted in such a way as to allow both parties access to the information.

WHAT KIND OF ISSUES GET DECIDED?

In family mediation, the couple decides four main issues: division of property, spousal support/alimony, custody of minor children, and child support. The tax consequences of these decisions may be reviewed with an attorney or other appropriate advisor. Other issues may be decided as well.

WHAT ARE THE MEDIATION GUIDELINES FOR DIVISION OF MARITAL PROPERTY?

Each state has its own guidelines for the appropriate division of marital property in that state. The mediator will assist you in reaching an agreement concerning the division of marital property. Equitable division in Pennsylvania does take into account marital misconduct.

Marital property is all property acquired by either spouse during the marriage prior to separation with the exception of property acquired by gift or inheritance that has been kept in that spouse's name alone; property acquired in exchange for that acquired by gift or inheritance; property acquired by one spouse after separation; and property which the spouses agree to exclude.

The situation may arise that property determined not to be marital by one of the above exceptions or property acquired prior to the marriage has increased in value during the marriage. In that case, the portion of the increase is considered to be marital property.

The spouse's role in the marriage as financial provider or homemaker does not entitle him or her to a greater or lesser portion of the marital property. Each is considered to have made a contribution to the acquisition of marital property and the subsequent division shall be an equitable one.

If property fits the definition of "marital property" in the Pennsylvania statute, it is martial property, regardless of how it is titled.

WHAT ARE THE MEDIATION GUIDELINES FOR SPOUSAL SUPPORT, CHILD SUPPORT AND ALIMONY?

Each spouse completes detailed budget forms and financial statements. This information is used by you to determine support needs and ability to pay.

The support of their children is the responsibility of both parents. Each parent makes a contribution whether through providing money or providing time and effort or both. The needs of the children are determined through the use of budget forms which the parents have completed. Also given consideration, but not binding, are any local support guidelines which may be in effect in the jurisdiction of the mediation.

WHAT ARE THE CHILD CUSTODY GUIDELINES USED IN MEDIATION?

There are a number of factors that the parents shall consider in deciding on custody. These include the following:

1. The need of the child for a continuing relationship with both parents;
2. The child's needs and interests important to his or her continued well-being;
3. The child's adjustment to home, school, and community; and
4. The wishes of the child concerning custody.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you have other questions or comments about Mediation, or any other area in which we practice, please send us an E-Mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Alternative Dispute Resolution Online Library
Mediation Books
Solomon Publications - self-instruction manuals for arbitrators and mediators

Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have.