| Beverly Hills Divorce Mediation
Dr. Kathy Memel
Ph.D., M.F.T.
Licensed Marriage & Family Therapist
Divorce & Child Custody / Family Mediator
424 South Beverly Drive
Beverly Hills, CA 90212
(310) 286-9201
Info@DrKathyMemel.com
Kathy Memel, Ph.D. is recognized as an experienced, caring and
skilled private child custody mediator, divorce mediator, business
and family mediator, individual and couples psychotherapist.
Divorce and Child Custody Mediation
By Kathy Memel, Ph.D. MFT
“The notion that most people want black-robed judges, well
dressed lawyers and fine-paneled courtrooms as the setting to resolve
their disputes is not correct. People with problems, like people
with pains, want relief, and they want it as quickly and inexpensively
as possible” -
Chief Justice Warren E. Burger
United States Supreme Court
What is Divorce Mediation?
Mediation is a cooperative rather than a combative approach to
settling disputes Out of Court. Divorce mediation is an alternative
to litigation and provides a way to avoid unpredictable and costly
courtroom battles.
Rather than having a judge make final decisions for the parties,
as mediators we help couples negotiate and decide all aspects of
their Stipulated Judgment of Dissolution in a private, confidential
setting, and avoid hiring adversarial lawyers. Our role as mediators
is to provide direction and information without giving legal advice,
and act as neutral and unbiased facilitators.
In our mediation process, we use a Therapist/Attorney team approach
and help couples work through the legal, psychological and financial
problems related to dissolving their marriage. As co-mediators we
strive to create a balanced negotiating environment, where both
parties’ interests, needs and concerns are acknowledged.
Our goal is to facilitate the creation of a mutually agreeable settlement
in which both parties have participated equally, having understood
all the information, elements and options involved in their decision
making.
How Does it Work?
When both parties have agreed to choose mediation as an alternative
to going to court, an initial session is scheduled and participants
receive an orientation to mediation and we begin the process of
reaching a Stipulated Judgment, which is then submitted to the court
for approval. Each session is usually two hours in length. The number
of sessions needed to reach an agreement depends upon the complexity
of the issues, as well as the participants’ ability to work
cooperatively toward a solution.
We help the participants examine their individual needs and negotiate
long-term agreements regarding the division of property and debt,
spousal support, child custody, parenting plans, etc. Together we
evaluate present financial circumstances and provide for future
financial needs.
When an agreement is reached, the parties sign the appropriate documents
only when satisfied that the agreement is fair. It’s also
important for each party to have their own consulting attorney review
the agreement on their behalf before signing. The agreement is incorporated
into a Stipulated Judgment of Dissolution which becomes binding
once it is entered by the court. We prepare all the legal paperwork,
making it unnecessary for the parties to appear in court.
Is Divorce Mediation Right for Your Clients?
People who are capable of seeking a healthier problem-solving approach,
free of financial and emotional chaos associated with an adversarial
divorce, are excellent candidates for divorce mediation, regardless
of the stage of one’s divorce proceedings.
If your clients are contemplating separation, we can assist them
in establishing a temporary agreement to handle any immediate concerns.
If your clients are already divorced and need assistance in resolving
changes in child custody, visitation, or support, mediation can
address these changes.
Clients who are caught in a destructive litigation process often
can’t afford to continue the therapy they need with you, they
stop treatment prematurely and make poor emotional decisions, rather
than informed decisions. Mediation can often allow clients to continue
their work with you, take the healing time they need, and grow from
this painful experience.
Advantages of Mediation:
* Less Expensive
A mediated divorce can save your clients 80% - 90% of the costs
associated with a litigated divorce.
A recent study cited by the American Bar Association found that
the average cost of a Mediation was $6,600, and an “amicable”
divorce settlement negotiated by counsel costs $26,830. The cost
of a “friendly” divorce with one hearing was between
$l8,000 and $72,000. The average “litigated” divorce
costs $77,746, and if the case goes to trial the cost can exceed
$l00,000+,
* Self Determination
In a litigated divorce, couples are forced to live with the decisions
of a stranger, i.e., the judge. In a mediated divorce there are
no surprises. The mediators do not make the final decisions, the
parties do. Mediation is a win-win situation.
* Less Stress
Mediation helps transform the crises of divorce and loss, to one
of recovery and growth, for adults and their children.
* Children
Parents have the opportunity to reduce conflict and create a workable
parenting plan which focuses on the best interests of their children.
* Increased Stability
A cooperative problem-solving approach ensures longer lasting results
and better compliance between the parties.
* Privacy
There are no court appearances necessary and personal information
remains confidential. |