Mediation is a way to calmly and cheaply resolve or settle a divorce or paternity case. In a divorce, mediation is way for the spouses to have safe and guided discussions about how the money and debts should be divided, where the kids should live and how their expenses should be paid after the divorce and whether one spouse needs alimony or spousal support for a period of time. For parties who were never married but have children, mediation is a way for the co-parents to have safe and guided discussions about where their kids should live and how their expenses should be paid after the separation.
The goal of mediation is to agree on all issues between divorcing spouses or co-parents so that they can jointly request the court adopt their written agreement resolving all issues. The terms of the agreement are drafted into either a divorce decree or a paternity decree, signed by both parties and then filed with the Family Court. This route keeps thousands of dollars in your pockets to spend on yourself and your kids rather than attorney’s fees and corrosive litigation. During mediation, the mediator will discuss the specific facts, needs, and goals with the parties. What may appear a completely scary and overwhelming mess can be easily guided by a mediator to help you both focus long enough to make decisions that are in your own emotional and financial interest and your children’s best interest.
Divorce and Paternity are not “DIY” projects. If you had an electrical or plumbing problem, you would hire an electrician or plumber to make sure you didn’t flood your house or burn it down. Most people do not realize there are pages of decisions that need to be made by the spouses or parents in a divorce or paternity. During mediation, the spouses or co-parents make 100% of all the decisions at their own pace with no risk. Nothing you say during mediation can ever be used against you in a later court case because the mediator cannot be called to testify and your statements are inadmissible under the rules of evidence. The mediator’s job is to facilitate safe discussions and decision-making between the parties but is not the attorney for either person. Both parties can confidentially consult with their own attorneys before or after session if they need advice. If you decide to let a judge decide or make all the decisions in your case, you are giving up all the control over those parts of your life. After 33 years of litigation practice, I have yet to see a person go to trial and leave truly satisfied with every decision even when they “win”. If you reach a joint agreement on all the issues, the case is over. There is no appeal. Reaching a settlement in your divorce or paternity case means you know the exact outcome BEFORE you spend thousands and thousands of dollars on what you hope the outcome will be. No attorney can predict what a judge will do in a given case if you put it in the judge’s hands. Going to trial is similar to gambling. You will lay out more money than you can imagine with no guarantee on what you are getting for it.
Most divorce and paternity cases do not ‘go to court” but end instead with resolution without either party ever having to ever go to the courthouse. Currently, judges in Ada and Canyon County are typically setting the trials for their divorce and paternity cases 10-12 months after filing. Mediation gives you an immediate chance to achieve a cheaper, more peaceful final result.
Mediation Process
The mediation process with Ms. Akamatsu begins with a phone call or email to her office. She will gather some information and send both parties the documents she needs to get you scheduled and started. Many people start mediation prior to filing for divorce or to establish paternity and then file the “beginning” and the “end” of their case at the same time. If you have already reached agreement on all the terms on your own and need a neutral attorney to draft and file the paperwork to file with the court, that can also be arranged.
Ms. Akamatsu also is regularly appointed to act as the mediator in pending cases. In almost every divorce case that has been filed, the court will order the parties to attend mediation in an effort to resolve the case by agreement.
Mediation may take as little as one meeting, or more, depending on the availability of the parties, completeness of financial disclosures, the complexity of the issues involved, and so on. I am focused on efficiently getting the information I need and proactively working towards resolution of issues where parties don’t agree (or don’t even know exist).
Once agreements are reached, if the parties do not have attorneys, I prepare all the documents necessary to file the initial petition, child support worksheets and final decree with the court. I am involved in every step of the way to ensure the process is done correctly and will keep you updated.
It does not matter what stage parties are involved in their divorce – mediation is always appropriate. Ideally, parties may wish to hire a neutral mediator before a divorce case is filed by either party. However, that does not have to be the case. Parties often hire me to serve as a neutral mediator even though they are deeply entrenched in Ada or Canyon county divorce litigation. I am used to serving as a mediator in highly contentious divorce or paternity matters even where each party has their own attorney. If you have already reached agreement on all the terms on your own and need a neutral attorney to draft and file the paperwork to file with the court, that can also be arranged.
I ask parties to divorce or paternity mediation to be available and cooperative, and to timely complete documents requested by the mediator. This helps for a smooth and efficient mediation process and a quick resolution of the case.
I exclusively provide online mediation services through zoom so that spouses do not have to go to my office to conduct the mediation. I have found it easier for the parties to be in their own environment during mediation and find I can shuttle back and forth much faster when I am putting you in a virtual waiting room.
Uncontested Divorce or Paternity