Post Divorce Decree Mediation
Post Divorce Decree Mediation
Pre decree divorce mediation is an attempt to encourage the couple into working out reasonable compromises about their financial settlement and custody arrangements. Post decree divorce mediation is also designed to encourage compromise, but focuses mainly on the parental responsibilities of the parties, and is intended to maximize the potential for healthy emotional development of the children.
As we all know our lives are always changing, especially if we are parents. Parents generally make divorce agreements based on their lives at the moment, taking into account: where they live, work schedules, their lifestyles, how old their children are etc… Clearly, any of these dynamics may change, and as your children grow older, the fact that their needs will change is basically guaranteed.
Parenting under the best of circumstances is difficult; divorced parents face extra challenges, as we all know. They often get caught up in focusing on who is right and who is wrong. This is a natural reaction; but it makes it very difficult for parents to work through their concerns together.
WHAT HAPPENS DURING A POST DIVORCE DECREE MEDIATION?
Mediation sessions are informal but structured discussions guided by the mediator. Both parties are given the opportunity to speak without interruption, describing their view of the current issues for possible modification. The mediator structures the discussions to help clarify the issues and move toward an agreement.
OVERVIEW OF A POST DIVORCE DECREE MEDIATION:
- Joint sessions to discuss and resolve issues – Typically, a series of joint meetings are held at times and locations agreed to by the parties. Issues are identified and discussed, narrowed and resolved based on legal, financial and other information. The number of sessions will depend on the needs of the individual parties. Financial and other information may need to be gathered.
- After the parties have reached agreement in principle on all of their issues, the mediator prepares a Memorandum of Understanding detailing all issues.
- Both parties may submit the Memorandum of Understanding to their respective legal and financial counsel for independent review. Proposed changes, if any, are jointly discussed and changes incorporated into the final form.
- The final order is prepared and all associated legal documents are prepared and filed by the respected legal counsel of the parties. This order is entered and recorded.
WHAT TYPES OF ISSUES CAN BE ADDRESSED DURING POST DIVORCE DECREE MEDIATION?
Issues that are important to the parties can be addressed, including:
- Scheduling time with the children
- Parenting issues
- Spousal support
- Child support
- Financial issues
Changes in circumstances may cause a party to request a modification of a Final Judgment of Dissolution. Mediation is appropriate for addressing these changes that occur relative to child custody and visitation, child support, and/or spousal support.
WHAT SHOULD I BRING TO MEDIATION?
The parties should bring a copy of any existing orders, Final Judgment, and the Memorandum of Understanding (if the divorce was mediated). During the first meeting the mediator will work with the parties to determine what information will be needed for further sessions, such as personal income and expenses.
