1. What are the benefits of working with a Divorce Financial Mediator?

• Stabilize the current financial situation through a temporary agreement
• Exchange all necessary financial information voluntarily
• Work within a process that can minimize expense and streamline the course of action
• Negotiate a financial settlement that works for you and your spouse
• Focus on your financial goals, objectives and concerns
• Address post divorce financial issues

2. Do I still need an attorney if we use a Divorce Financial Mediator?

• Yes. We recommend that each party retain their own attorney to review all agreements
  and advise on all legal issues.

3. How long does mediation take?

• There is no standard time. Every mediation is unique for each couple. The time spent in mediation will depend on the complexity of the issues being resolved and the number of issues the parties need the help of the financial mediator to resolve.

4. We are in full agreement on child custody but miles apart on finances—can we just
mediate that part of our divorce?

• Yes, this is typical. The Divorce Financial Mediator can prepare financial projections that estimate what the future may look like based you your goals, objectives and concerns.

5. My spouse is very unpredictable and may not stick with any decisions or mediation agreement. Is there a binding contract that covers what we agree on in mediation?

• Yes, the Marital Settlement Agreement drafted by an attorney becomes a binding contract between the parties and also an order of the court when the judge signs the order.

6. Do I need to file any legal documents or forms with a court before I begin the mediation process?

• You do not necessarily have to file for divorce before beginning financial mediation, although some people do. Financial Mediation could help you decide who will file, how you will share the costs and what other issues need to be addressed. You should consult with an an attorney for advice on the timing and requirements for any legal documents and procedures.

7. Do Divorce Financial Mediators give legal advice?

• No, we are not attorneys and only attorneys can provide legal advice. We will work very closely with your attorneys to assure that the financial issues you agreed upon are accurately addressed in your settlement agreement.

8. Can anything I say in mediation be used against me in court if we litigate our divorce?

• No, with certain limited exceptions, the California Evidence Code makes statements made in the course of mediation confidential.

9. How do Divorce Financial Mediators facilitate negotiations? What are the steps?

• Defining your financial goals, concerns and objectives
• Prioritizing interests
• Recommending alternative options that address the interests of both parties and needs of the family
• Using objective criteria to define and evaluate options
• Recording your agreements into documents and financial reports that can assist in the preparation of your Marital Settlement Agreement

10. Will a Divorce Financial Mediator make decisions for us?

• A Divorce Financial Mediator does not make decisions ---but he/she can provide a way for you and your spouse to make informed financial decisions by working together to avoid the pitfalls of a more adversarial divorce.