The Ins and Outs of Mediation

Rachel Fishman Green — Thu, 31 Jul 2008 10:38:52 -0400

Here are my answers to questions posted by firstwivesworld.com bloggers:

Question: Can an agreement reached in Mediation be re-negotiated at a later date? Do both parties have to return to the table?

Answer: An agreement signed in a divorce settlement is a binding contract. It can always be changed if both of you agree that it should be changed, and how. Then (in NY, at least) you can amend the agreement by signing a summary of the changes before a notary public.

If you are not both in agreement, then the terms of the original agreement will determine what your obligations are. If one of you feels strongly that the agreement is no longer working, you can always come back to mediation to discuss the problems.

Question: About how many sessions does it take for most couples to reach an agreement in mediation?

Answer: The majority of couples who have mediated divorces have around 2 - 4 mediation sessions. Although that seems surprisingly short to many people, once we get an overview of your situation, and begin to clearly define and understand the precise points on which there is disagreement—and why—things begin to fall into place; and the resolution creates some momentum, which can create additional goodwill, and cause more solutions to emerge.

Question: My soon-to-be ex and I are interested in mediation, and I think we have each other's best interest in mind enough to be successful. But I'm afraid once we actually get into the nitty-gritty, things could get ugly and take ages to resolve. How does a mediator determine if a couple just isn't suitable for mediation, and how long could it take them to determine that?

Answer: This question requires a 3 part answer.

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The Ins and Outs of Mediation