Divorce mediations are unique and often vary by case. However, generally speaking, most divorce mediation cases include some or all of the following:

- Child Custody and Parenting Plans

- Child Support

- Division of Assets

Some divorce cases also include factors such as alimony, high valuation asset division, and other more complex needs.

At AMMC, we usually begin with a consultation to make sure that parties understand the mediation process. If it is decided that parties will use AMMC for mediation, and they need a complete divorce mediation, our model is below.

We can also complete individual aspects or combinations on this list if clients do not believe they need the complete process.

1) Custody Schedule and Parenting Plan: If parties have children, completing the child custody schedule and parenting plan is usually the first order of business.

The child custody schedule is a breakdown of how and when parents will have physical custody of their children (for example, week-on-week-off, every-other weekend).

The child custody schedule has a direct impact on child support, so it is necessary to solidify the custody schedule prior to completing the child support calculator.

The parenting plan is a set of rules that parents will follow for post-divorce coparenting. It accounts for critical items such as which parent will have primary physical custody, legal custody, and how major decisions will be made for the children (e.g. education, medical, extracurriculars, and religion).

Additionally, if parents have specific concerns or priorities as they prepare for co-parenting - especially in situations with a higher potential for conflict - it is essential to include these in the parenting plan. Items that are not documented cannot be enforced once the plan becomes binding.

Examples of such considerations include protocols for interstate or international travel, restrictions on leaving children with other adults (such as grandparents, new romantic partners, etc.) during a parent’s scheduled time, and similar arrangements.

The combination of the custody schedule and the parenting process typically takes 2-4 hours at a rate of $200.00 per hour, which can be split between parties.

2) Assessing Finances: The next step (or first step if there are no children) is for the parties to meet with one of our CDFA’s (a financial professional who specializes in divorce). This will ensure a thorough report is provided to both parties detailing all finances.

*Note: the CDFA may not be necessary if clients’ assets are simple/straight forward, or if parties already know the value of their assets and simply wish to discuss how they will be divided.

If parties elect to work with the CDFA, they will be provided with a list of items that the CDFA will need to assess the parties’ finances. Once the CDFA has received the requested materials from the parties, the CDFA will prepare a detailed report accounting for critical items, including the total amount of assets, debt, clarifying marital property, et cetera. The CDFA will also assist clients in completing a child support calculator.

Our CDFA’s charge a $2000.00 retainer for this service, which includes preparation of the report and time spent to review with the parties.

3) Mediate Division of Assets: Parties will spend time in mediation to discuss how the assets will be divided.

4) Memorandum of Understanding: If the parties are able to reach an agreement in mediation, the mediator will draft a document that details agreement, which is called a Memorandum of Understanding. This document is a summary of what was agreed to in mediation. Both parties will have a chance to review the document and may in fact watch as it is being written if they choose.

It is important to note that this document can have significant legal implications when the document becomes binding. Some parties choose prefer a “loose” document that allows for flexibility and interpretation, and others prefer a tightly written document that attempts to mitigate the potential for future issues such as loopholes, gray areas, et cetera.

5) Filing: One the Memorandum of Understanding (MOU) is signed and notarized by parties, a copy of the document will be provided to the parties and/or their attorneys. In many cases, it will be possible for one attorney to file for divorce on behalf of both parties, and the MOU that was created in mediation will be attached to the divorce filing.

The completed packet will eventually make its way to a judge, who will review all documents.

If the judge agrees that all of the documents are in order and they are appropriate, the judge will sign the document, at which point the divorce has concluded and the documents are now binding and thus legally enforceable.

Outcomes for mediation include:

Full Resolution: Parties have come to terms on all items in mediation.

Partial Resolution: The parties have reached agreements on some or even most issues, but a few matters remain unresolved and will need to be litigated.

Even so, partial agreements are highly effective as they significantly reduce the time, cost, and stress of litigation. For example, resolving 8 out of 10 issues in mediation means the parties only need to litigate the remaining two, rather than all ten.

Temporary Resolution: Temporary resolutions allow parties to put agreements into effect on a provisional basis, allowing parties to have a “trial run” to see how the arrangements work in practice.

This can be especially helpful for testing whether the resolution meets everyone’s needs before it becomes final.

Temporary agreements are also attractive for situations where certain details are still uncertain - such as securing a new home, starting a new job, or finalizing other pending matters - allowing progress without forcing premature decisions.

Impasse: An impasse is when parties were not able to agree to anything in mediation. In the event of an impasse, parties can be provided with a form that states that they attended mediation (which may be necessary in some situations) and will note that mediation ended in an impasse, however, no other specifics will be provided.

The length of time of mediation can vary widely. If both parties are motivated to settle in mediation, and both parties are either in alignment from the beginning, and/or parties are able to be flexible in negotiations (even reluctantly), mediation easily be finished from start to finish within a day. On the other hand, if parties have many disagreements, are inflexible or indecisive, mediation can take longer.

Some clients prefer to schedule an entire day of mediation and hope to have everything resolved by the end of the day. This is usually possible, even with the CDFA report, again, based in large part by how amicable and motivated clients are to come to terms in mediation.

Some clients elect to complete mediation as a more relaxed, gradual process, where they “chip away” at mediation over a course of several weeks or months. This usually involves meeting with clients at their speed and schedule, and usually involves meeting with clients more on an individual basis.

At AMMC, we are proud to report that the vast majority of our mediations result in either a full resolution or a partial resolution.

This high rate of success is often driven by the motivation of our clients, who often choose us because they are seeking to avoid stressful and costly court proceedings and work toward an efficient, fair resolution. We are usually sought out by clients who are making a strong effort to avoid attorneys and litigation.

In addition, our experience allows us to guide clients on how to set up mediation for success. We can provide practical recommendations on preparing for sessions, framing issues, and structuring agreements so that the process is productive and focused.

By combining an understanding of client motivation with careful planning, mediation can be a highly effective way to resolve disputes without the stress and expense of litigation.

We charge $200 per hour for our services, which are typically shared between both parties. For clients looking for a more comprehensive solution, we offer flat-rate divorce packages. These include:

- CDFA reports

- Custody Schedule and Parenting Plan

- A complete Memorandum of Understanding (MOU)

- A built in number of mediation hours

- Payment of the attorney filing fee*

Our flat-rate packages are guaranteed as long as the included hours are not exceeded, providing clarity and predictability throughout the process.

*If clients wish to move forward with filing, we can refer them to attorneys experienced with our collaborative process. The attorney handles the filing directly, and the associated filing fee is covered using a portion of the package payment. Clients work directly with the attorney, ensuring all legal representation and filings are conducted appropriately.