Our Process

Duffy & Associates guides its clients through the process, helping them come to the best possible agreement.
Couples choosing to mediate select a neutral third party – a mediator – who helps them negotiate and decide how to divide their financial assets and debts, as well as make critical decisions regarding their children. The mediator helps the couple come to agreement on all issues, assisting them in making fair and informed decisions. All discussions are private, the schedule is up to the couple, and they still have the option of court if any point of contention is not resolved in mediation.

You want to avoid a long, costly court battle, and a “do-it-yourself” divorce is just too risky. There is another option – mediation. But how does it work?

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Deciding to
Mediate

The mediator arranges a free, no-obligation half hour session with the couple at Duffy & Associates. The mediator introduces 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 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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