- By Peaceful Mediation
- In News
Mediated Settlement Agreement Explained: Your Complete Guide
Considering divorce mediation? You and your spouse have probably heard that coming to an agreement in divorce mediation is quicker and less expensive than litigation, but the benefits of mediation don’t end there.
The divorce mediators at Peaceful Separation explain what a divorce mediation agreement is and the process of divorce mediation in this comprehensive article.
If you and your spouse want a mediated divorce, call Peaceful Separation. Our divorce mediators have over forty years of collective experience helping Philadelphia families through divorce. We can help you too.
What is a Divorce Mediation or Mediated Settlement Agreement?
A mediated settlement agreement is an agreement struck by divorcing spouses with the help of a trained, neutral divorce mediator. A divorce mediation agreement may settle some or all of the issues arising from divorce, including child custody, child support, spousal support, and distribution of marital property.
Divorce Mediation Agreement Process
Before Mediation
Before mediation begins, you must find the right divorce mediator for you. You and your spouse should research divorce mediators in your jurisdiction by asking divorced friends for referrals and searching the internet. A divorce mediator should have specific training in mediation and experience in mediating family law matters.
Your divorce mediator will give you a divorce mediation checklist so you know what information and documentation to gather and present at mediation.
During Mediation
During mediation you and your spouse meet with your divorce mediator for one or more sessions as needed and as agreed in your retainer agreement to discuss and negotiate solutions to the issues arising from your divorce.
Completing the Agreement
When you have mediated and resolved the issues arising from your divorce, your divorce mediator memorializes the solutions you have created in a written agreement.
Bear in mind, if you are unable to come to an agreement on one or more issues, you can still submit the successfully-mediated issues to the clerk of court with your other divorce papers and litigate the outstanding issues. Mediating some but not all of your issues still saves you time and money.
Why Choose Divorce Mediation?
Lower Cost
Divorce mediation is less expensive and time consuming than divorce litigation. When you litigate your divorce, you are on the court’s schedule, and each of you must retain your own divorce lawyer. When you mediate your divorce, the divorce mediator’s fee is usually shared by the two parties.
Collaborative Settlement of Your Divorce Issues
In divorce mediation, you and your spouse work together to resolve the issues arising from your divorce, with the help of a trained divorce mediator. Litigation is adversarial – you and your spouse fight it out in court.
Mediation Gives You Freedom and Control
Rather than litigate your divorce issues and letting a judge decide what’s best for your family, you and your spouse work together in divorce mediation to craft solutions of your own.
Mediation is Confidential
Just about anything that goes on in court is a matter of public record, while mediated agreements are confidential.
Mediated Settlement Agreement vs Divorce Decree
A mediated settlement agreement is not a divorce decree. That agreement must be submitted to the clerk of court along with your other divorce documents and the appropriate fee to get a divorce decree issued.
When to Enter Your Divorce Agreement
Assuming you have already filed your Pennsylvania divorce complaint with the clerk of court, served it upon your spouse, and the requisite 90 days have passed, you file your mediated Divorce Agreement along with your Affidavits of Consent (written declaration) stating you and your spouse agree to the divorce, your spouse’s Waiver of Notice, a Praecipe to Transmit Record, a Final Decree of Divorce, and any other forms required by your county.
Using a Divorce Attorney to Prepare the Mediation Settlement Agreement
If a divorce attorney is also a trained divorce mediator, they may mediate your divorce and may prepare the Settlement Agreement for you. Keep in mind a divorce attorney who is also a divorce mediator is neutral and cannot provide either of you with legal advice.
Regardless of whether your mediator is a divorce attorney or not, you always have the option of retaining a divorce attorney to review the proposed final Settlement Agreement for you before you sign the document.
What to Do If You Don’t Like Your Spouse’s Proposed Agreement
If you do not agree to the Settlement Agreement you reached in mediation, you do not have to sign it. Ask your mediator if another session is warranted to reach a different solution.
What to Do If You Like Your Spouse’s Agreement
If you agree with the terms of the Settlement Agreement you reach in mediation, sign it and submit it with your final divorce papers.
Why You Shouldn’t Write Your Own Agreement
There are legal terms of art that must be used in a divorce Settlement Agreement. Your divorce mediator knows what language effectuates the solutions you have decided upon, and uses that language to ensure you get the legally binding agreement you reached in mediation.
Can a Mediated Divorce Agreement Be Changed?
Yes. If after your divorce is final a change in circumstances warrants a change to child custody, child support, or spousal support, you can petition the court for a change to your mediated divorce agreement.
Speak with a Philadelphia Divorce Mediator Today
Take control of your divorce by calling the divorce mediators at Peaceful Separation today. We help Philadelphia area families negotiate the terms of their divorce and get the best result possible.
