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1. Does Mediation Save money?
The average cost of a contested divorce in California with children has been recently estimated to cost close to $20,000. Most of the cost is attorney's fees. Depending on the nature of the disagreement it can cost much, much more. With mediation, the cost is usually between $1500 and $3000 – depending on the complexity of the issues involved and the level of disagreement of the spouses. Hourly charges are $225. (Ask about a session charge instead).
2. How is this different from online services that print the forms?
With do-it-yourself divorces, or a paralegal “typing” service, you may only spend a few hundred dollars. But remember, you can't file forms if you have not reached agreement.
3. Can you Pay As You Go?
Yes. You pay for each mediation session at the time of the session. You can proceed at your own pace and quit anytime.
4. Is there a Shared Cost?
Usually, each party pays one-half of the costs of the mediation. However, there are also many cases in which one party agrees to pay all the costs, or a higher percentage than the other. In some cases, one party pays for the mediation as costs occur, then gets reimbursed for one-half in the final property division.
5. Are there any surprise fees.?
Not from the Mediator. You will have to pay court filing fees. The Marital Settlement Agreement prepared by the mediator is a guide only and you should have a final Martial Settlement Agreement reviewed by your own attorney. You are only billed for time actually spent with the Mediator (there are no charges for "file review" or phone calls) except the Mediator will charge an additional two hour fee ($450) to prepare the draft Martial Settlement Agreement.
6. Can I still hire an attorney?
A party can still use mediation for decision-making, while using a consulting attorney to advise the client, examine financial documents, and review the Marital Settlement Agreement to protect the client’s interests. This is much less expensive than taking the whole case to court because of fear or anger. Counseling can also help remove the emotional issues from financial and legal decision-making.
7. Is mediation inexpensive to try?
As divorce mediation is a pay-as-you-go process, there is little financial risk in attempting to use it even if you are skeptical. At worst, you might spend a few hundred dollars on mediation and end up in court anyway. However, there is greater likelihood that you will finish in mediation if you start. In that case, you may have saved yourself potentially tens of thousands of dollars.
There is no charge for initial consultation.
.Credit cards are accepted.
Any Marital Separation Agreement and/or Parenting Plan drafted by the mediator, according to resolutions made at the mediation, are offered to you as guides for your use. They are not intended to replace legal advice.
1. Does Mediation Save money?
The average cost of a contested divorce in California with children has been recently estimated to cost close to $20,000. Most of the cost is attorney's fees. Depending on the nature of the disagreement it can cost much, much more. With mediation, the cost is usually between $1500 and $3000 – depending on the complexity of the issues involved and the level of disagreement of the spouses. Hourly charges are $225. (Ask about a session charge instead).
2. How is this different from online services that print the forms?
With do-it-yourself divorces, or a paralegal “typing” service, you may only spend a few hundred dollars. But remember, you can't file forms if you have not reached agreement.
3. Can you Pay As You Go?
Yes. You pay for each mediation session at the time of the session. You can proceed at your own pace and quit anytime.
4. Is there a Shared Cost?
Usually, each party pays one-half of the costs of the mediation. However, there are also many cases in which one party agrees to pay all the costs, or a higher percentage than the other. In some cases, one party pays for the mediation as costs occur, then gets reimbursed for one-half in the final property division.
5. Are there any surprise fees.?
Not from the Mediator. You will have to pay court filing fees. The Marital Settlement Agreement prepared by the mediator is a guide only and you should have a final Martial Settlement Agreement reviewed by your own attorney. You are only billed for time actually spent with the Mediator (there are no charges for "file review" or phone calls) except the Mediator will charge an additional two hour fee ($450) to prepare the draft Martial Settlement Agreement.
6. Can I still hire an attorney?
A party can still use mediation for decision-making, while using a consulting attorney to advise the client, examine financial documents, and review the Marital Settlement Agreement to protect the client’s interests. This is much less expensive than taking the whole case to court because of fear or anger. Counseling can also help remove the emotional issues from financial and legal decision-making.
7. Is mediation inexpensive to try?
As divorce mediation is a pay-as-you-go process, there is little financial risk in attempting to use it even if you are skeptical. At worst, you might spend a few hundred dollars on mediation and end up in court anyway. However, there is greater likelihood that you will finish in mediation if you start. In that case, you may have saved yourself potentially tens of thousands of dollars.
There is no charge for initial consultation.
.Credit cards are accepted.
Any Marital Separation Agreement and/or Parenting Plan drafted by the mediator, according to resolutions made at the mediation, are offered to you as guides for your use. They are not intended to replace legal advice.
COPYRIGHT © 2020 RICHARD H. SCHWACHTER ESQ..
NO LEGAL ADVICE IS GIVEN DURING A MEDIATION. ALTHOUGH LEGAL ISSUES MAY BE ADDRESSED IN THE MOST GENERAL WAY, ALL PARTIES ARE ENCOURAGED TO SEEK THEIR OWN ATTORNEY FOR LEGAL ADVICE. NOTHING CONTAINED IN THIS SITE OR COMMUNICATION THROUGH THIS SITE IS INTENDED TO CREATE OR ESTABLISH AND DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. RICHARD SCHWACHTER CONDUCTS MEDIATIONS IN SEVERAL STATES BUT IS LICENSED TO PRACTICE LAW IN OHIO EXCLUSIVELY. |
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