FAQ
No (though many lawyers will tell you otherwise). Many of my clients choose never to hire lawyers. These clients prefer to do the paperwork themselves or hire a Licensed Legal Document Assistant. Over my decade of experience, people who don't hire lawyers are usually much happier with the process of being in control, the results, and each other than those who hire lawyers.
Any divorce case in which the parties have a sparkle of hope that they can work with each other saving thousands of dollars. Even parties who generally distrust each other usually find mediation much more satisfactory than attorney-driven negotiation where they have very little control and sometimes confused, misinformed and deep into debt.
When one person thinks the other person is being unreasonable, the most helpful response is to allow both people to speak their mind thoroughly. No matter how long it takes and often when individual’s experiences are being taken seriously, they're able to calm down and listen to the other person's perspective. This does not happen in litigation.
Kym Adams will help you and your spouse discuss any aspect of your divorce that you're unsure about. Most often, the result is an agreement about all aspects of your divorce. She will help you discuss any differences constructively, increasing the chances that you'll come up with satisfactory solutions.
Yes. Both spouses, in conflict, must agree to participate in the mediation process to participate. However, never assume that the other spouse won't mediate. Opportunities are lost because one spouse thinks the other spouse won't mediate.
Mediation usually costs a fraction of what litigation costs. Both parties can share the mediator's fee. You are only charged for the time spent in the mediation sessions, plus a one-time administrative set-up fee in the amount of $80. Reduced fees are available for those in financial need. Proof of income is required for this reduction. Kym Adams’ standard fee is $75 per person per hour.
Yes, because Judges are usually very happy to sign off on agreements reached in mediation. (It saves them the burden of making difficult, personal decisions that parties are often unhappy with). When the agreement has been formalized and signed by a judge, it's as legally binding as any divorce can be. (In fact, it's far more likely that a mediated agreement will be followed, because both parties understand the terms and have made a personal commitment to follow them).
Mediation deals with the most difficult aspect of the legal process, determining the terms of the divorce. Once you've reached an agreement, it's a simple matter of paperwork to finalize the divorce. Usually called a Marital Settlement Agreement (MSA) and for that part of the process, the spouses either do-it-themselves, hire a licensed and bonded Legal Document Assistant (LDA) , or each hire a lawyer for the limited purpose of handling the paperwork or simply reviewing the MSA
The amount of time spent in a divorce mediation session(s) ranges from 2 hours to about 12 hours. The average is a little over 4 hours. Each scheduled mediation sessions are 2-hours, unless the spouses prefers otherwise. It's up to both spouses on how long Kym will wait between sessions. One week, two weeks, or longer or shorter, whichever is agreed between the spouses.
No. That's a myth. The law allows the spouses, or spouses attorneys to argue for whatever they want. Plus, no one knows what decision a judge will make. If a spouse doesn't like the judge's decision, they can continue to appeal or fight in other ways costing more time and money.
Kym Adams can help with anything you disagree about or are uncertain about. People often disagree about how to divide up assets and debts. Kym Adams can help you have a constructive conversation about your differences and she will support you in making your own decisions, making it a pleasant mediation experience because research has shown that couples who resolve their divorces through mediation have a higher rate of satisfaction and compliance than couples who litigate. Mediation also tends to be far less expensive, both financially and in terms of time and emotional stress, than litigation.