Mediation FAQs

Who does Mitch represent during Mediation?
In his role as a mediator Mitch is not representing you as your divorce “attorney” and he is not entering an appearance in your case in Court. You are representing yourselves (pro se) with the help of a professional mediator who is an active divorce lawyer with current knowledge of what a fair agreement under your individual circumstance should be based on his perspective as your mediator it is not legal advice. Acting as both of your attorneys is a different process that Mitch does not offer. You have the option of taking the Separation Agreement Mitch creates for you to an attorney to determine if they think it is fair by legally advising you.

How much does Mediation cost?
Your initial payment of $825 covers preparation and a three hour mediation meeting with Mitch. After the initial meeting, Mitch will prepare your paperwork which will typically be an additional three hours at $275 per hour. If you require additional meetings or assistance the rate is $275 per hour. If your initial meeting does not last three hours, the balance of your initial payment will be credited towards document preparation or additional meetings.

How many meetings do we need to reach resolution?
70% of people only need to meet once with Mitch. Mitch will let you know after the first mediation how much time he needs to complete your agreement. Sometimes mediation clients have not provided Mitch the information he needs to help then come to a fair and equitable settlement so they leave the mediation with homework. The goal is for Mitch to have enough information to write a full Separation Agreement from one meeting.

Who fills out the Sworn Financial Statement (SFS)?
You both need to fill out a SFS. We have clients complete it together and some separately. There will be lots of duplication but your own SFS should reflect your individual spending.

I need more help with my SFS.
Visit our Sworn Financial Statement page for more tips and answers to frequently asked questions.

What if I messed up on my SFS?
Mitch will go over everything that needs to be fixed in the beginning of your mediation. The vast majority of our mediation clients will need to update their SFS’s after meeting with Mitch.

Who is the Petitioner/Co-Petitioner?
It does not matter who the Petitioner or Co-Petitioner is, flip a coin but make sure it is consistent throughout the SFS.

Do I have to take a parenting class?
If you have minor children, you are required to take a parenting class. The certificate of completion must be filed with the Court with your final documents. Click here for a list of recommended parenting classes.

Do I need my documents notarized before I meet with Mitch?
You do not need your SFS notarized prior to meeting with Mitch. We’ll do that with you at the office.

Who files our divorce documents with the court?
When the mediation process is complete, you will receive a full and final set of ALL documents necessary including a “Separation Agreement” and “Parenting Plan” for submission to and approval by the District Court that will handle the divorce case. The Clerk’s office only allows parties or their attorneys to submit filings into a case. With a mediation, you will file your own documents. Only one of you needs to go to the Clerk of Courts. There is a filing fee of $230 due when you file in person at the Courthouse.

Where do we file our paperwork?
You file in the County Clerk’s office in the County where you live.

Once the paperwork is filed how long until the divorce is final?
After 92 days you can expect the signed Decree of Dissolution to arrive in the mail.

If our custody arrangement is going to change, do we need to get our future custody Arrangement settled now or do we have to go through the courts again to redo it at a later date?
The hope is for you not to have to go back to mediation or Court and that you have a plan that can be phased in based on age. Mitch can help you with ideas when you mediate.