What happens in a divorce mediation?

Whether in person or via zoom, both parties will typically do an opening statement. Afterwards, the mediator will facilitate negotiations of the issues at hand. Topics may include division of assets, debt, kids and other types of disputes. At times, the mediator or the parties may ask for a “caucus” – that is, where we separate the parties in a different room. In the end, we are trying to reach an agreement that all parties can accept. While no one will likely get everything he/she wants, the goal is for each party to come out with the best possible acceptable outcome.

Does an attorney need to be present?

In most cases, especially during divorce, it is recommended that an attorney be present. They know the family law and they will be available for constant consultation during the process. However, you can chose to do the mediation without an attorney present. Keep in mind that if none of the parties have attorneys during a divorce case, a family attorney needs to be hired to “paper” the Mediated Settlement Agreement to make it binding in court. A recommendation will be provided to you during your intake paperwork, and both parties can negotiate cost and whom to chose.

Is it binding?

Yes, if the parties agree and a Mediated Settlement Agreement is reached and signed, it is binding and in effect. This is another reason why having an attorney present can be helpful so that once you sign, there is no buyers’ remorse and you can no longer consult with an attorney to change the agreement.

What happens if no resolution is reached?

For divorce or civil cases, the dispute will likely go to court. Some times we need another mediation if we’re close to an agreement but need more time.

Who can come?

Only the parties and their respective attorneys may be present. No other family, children, or pets are allowed.

How much does it cost?

Cost is a flat rate of $150 per hour per party, regardless of the nature of the dispute. A minimum of 3 hours is required, while most divorce cases will need a full day (8 hours) or mediation.

Do you do other types of mediation?

Marcel Gamboa also does civil mediation, small claims court mediation, modification to existing orders, parenting plans in high conflict families, and many more mediation services. Most of these disputes can be settled out of court if the parties come together.

How do I find out more information?

Please call Marcel Gamboa at 281-299-8607 or E-mail [email protected] if you have more questions or you would like to see if I would be the right fit for your case.