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Divorce Program

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How the Mediation Center Helps
The Mediation Center of Dutchess County helps people have the difficult conversations they need to have to dissolve their marriage.

Through mediation participants can:

  • Gain clarity about the issues they need to discuss,
  • Develop an agreement,
  • Reduce the financial costs associated with divorce,
  • Avoid or reduce time in court.

Divorce Mediators
Divorce mediators are professionals with extensive training in mediation and divorce issues. They help participants discuss issues and can provide information when appropriate.

Mediators are impartial and do not make decisions for the parties.

Mediators are not attorneys and cannot give legal advice.

The Center recommends participants consult with their own attorneys during the mediation process.

How Divorce Mediation Works
In mediation, people in conflict talk face-to-face about the issues important to them with the help of an impartial third party.

Through a series of sessions, the participants work with the mediator to address all of the issues the participants choose to address. Based upon agreements reached, a Memorandum of Understanding (MOU) is drafted by the mediator. The parties take their completed MOU to an attorney who will file for a separation and/or divorce based on the MOU. The Center can provide a list of local attorneys familiar with our work.

Most important: in divorce mediation both parties retain the power to act on their own insights and decisions.

Whatever happens in mediation, the outcome is decided by the parties in conflict—not by the mediator.

Mediation is based upon the idea that people are capable of knowing and doing what is in their best interests.

Mediation is a voluntary process, and it is confidential.

Beginning the Divorce Mediation process
Contact the Mediation Center for a private, in person consultation.  Each party must call to set up his or her confidential appointment.

 Fees
Divorce mediation fees are charged for:

  • Consultation appointments,
  • Mediation sessions (on an hourly basis),
  • Memorandum of Understanding (MOU) 

Frequently Asked Questions
How long does the mediation process take?
After each of the parties has had a consultation session, and they and the Mediation Center agree whether or not to proceed with mediation, most couples complete the mediation process in 2-5 sessions. Parties determine the number of sessions needed based on how quickly they gather information and make decisions. When information has been gathered and all decisions made, the mediator can draft the MOU.

Can either or both of us work with an attorney while we’re in mediation?
Absolutely.  Attorneys can play an important role for parties while in mediation. Possible options for working with attorneys while in mediation include:
1) Advisor/Coach-answering specific legal or court outcome questions to increase informed decision making during the mediation process,
2) Independent review and conversion of the MOU for each party (1 attorney each) in preparation for  a separation agreement or divorce,
3) Conversion of the MOU into a separation agreement or divorce (1 party and his/her attorney).

Parties can use their own attorneys or choose from the Mediation Center’s list of attorneys familiar with our services.

How can we prepare for mediation?
Consider speaking with an attorney or other professional that can help you think about options.  Gather relevant materials such as mortgage documents, tax returns, and pension information. Research procedures for separating joint accounts, credit cards, insurance policies, etc.
How will the mediator help us?
The mediator’s role is to help parties have the conversations they need to have to move through the divorce process.  The mediator can often help people think about their situation in new and different ways, help them prioritize the issues for discussion according to their individual circumstances and help them make decisions.

© 2007 Dutchess County Mediation Center, All Rights Reserved.