Our Process
Divorce mediation is becoming increasingly popular
due to its non-adversarial approach and cost-effectiveness. Duffy &
Associates guides its clients through the process, helping them come to
the best possible agreement.
Deciding to Mediate
The mediator arranges a free, no-obligation half hour session with the couple at
Duffy & Associates. The mediator provides an introduction to the options
available for ending a marriage in the State of Ohio, and how divorce
mediation works.
If the couple wishes to move forward with the mediation
process, the mediator also presents Duffy & Associates’ Agreement
to Mediate, which outlines the rules of mediation, confidentiality terms,
fees and other administrative matters.
Information Gathering
The couple comes to the second session with the completed Mediation Intake
Worksheet. The worksheet is discussed and the mediator clarifies all content
to ensure the financial information will be correctly described in the
final mediated agreement.
The mediator leads the discussion and begins to identify
the assets and shared parenting decisions, if applicable, that will require
negotiation.
Negotiation
& Problem-Solving
Negotiation is often the most difficult phase
of the mediation process, and varies greatly from client to client.
In the negotiation sessions, each party is given equal
opportunity to state their opinions and generate possible solutions without
being interrupted.
The mediator clarifies and summarizes each party’s
viewpoint, asks questions, clarifies concerns, and keeps the couple talking
in a way that leads to agreement on all points of contention.
Drafting of Agreement
Throughout the process, the mediator has carefully recorded the final
resolution of each point. After all issues have been resolved, the mediator
draws up the agreement for final review by the couple. Frequently the mediator prepares two different documents. The first document identifies how all of the financial assets are going to be divided. The second document addresses the issues related to the children such as child support, health care insurance and the parenting time schedule.
Closing
In the final session, the mediator reviews the agreement with the couple
and notes any necessary revisions. The couple is then given instructions
regarding the post-mediation court filing requirements and procedures.
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