DIVORCE
MEDIATION

WITH KIRSTEN SIEWERT, M.A.

Opportunity to Effectively Communicate & Resolve Conflict Peacefully

Reach a Mutually Agreeable Resolution Without Litigating in Court.

PRACTICE AREAS

WHY
MEDIATION?

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COLLABORATIVE PROCESS & OPPORTUNITY FOR MORE CONTROL

An impartial mediator assists separating couples in negotiating and reaching mutually agreeable solutions on all aspects of their divorce, such as child custody, child support, alimony, and property division. The parties control the mediation process and have full authority over the final decisions.

INCREASED COMPLIANCE RATES

Partners who voluntarily agree to terms through mediation are more inclined to uphold those agreements compared to those who have court-imposed rulings.

MINIMIZE THE NEGATIVE IMPACT OF DIVORCE ON CHILDREN

Divorce mediation lessens the negative impact on children by fostering a cooperative environment where parents can work together to create a stable and supportive post-divorce arrangement. This approach minimizes conflict and reduces the emotional stress children often experience during adversarial court proceedings. Mediation encourages parents to focus on the best interests of their children, leading to more amicable agreements on custody and visitation, which promotes a healthier adjustment for the entire family.

LESS ADVERSARIAL & OPPORTUNITY TO PRESERVE RELATIONSHIPS

Divorce mediation is less adversarial because it focuses on cooperation and mutual agreement rather than conflict. It allows couples to work together with a neutral mediator to find solutions that work for both parties, avoiding the contentious and combative nature of courtroom battles.

Mediation supports parties in preserving their relationships, which is highly beneficial for co-parenting scenarios.

FASTER & LESS EXPENSIVE

Divorce mediation is less expensive because it avoids the high legal fees associated with litigation. Mediation typically involves fewer billable hours and and is a more streamlined process. In California, the average cost of a litigated divorce can range from $18,000 to $25,000 per person, while mediation can cost significantly less, often between $2,000 and $8,000 total for both parties.

OUR VISION

Why Choose a Marriage & Family Therapist
for Divorce Mediation?

While many mediators have legal backgrounds, Marriage & Family Therapists (MFTs) offer unique benefits for couples facing divorce:

Effective Communication & Conflict Resolution: MFTs are trained to help people communicate effectively and resolve conflicts peacefully, crucial for reaching mutual agreements without court intervention.
Emotional Support: MFTs understand the emotional challenges of divorce and guide clients through the process in a healthy way, fostering respectful and supportive communication.
Custom Solutions: MFTs help create tailored solutions for families, unlike traditional litigation where decisions are made by a judge.
Listening and Understanding: MFTs take the time to hear each client’s perspective, making them feel understood.
Identifying Needs and Priorities: MFTs help clients identify their needs and priorities, essential for fair agreements.
Creative Solutions: MFTs encourage brainstorming for complex issues like child custody and support, while ensuring clients reach suitable agreements without pressure.

Call Kirsten to Schedule Your First Session

Kirsten will speak with you personally and explain the framework of the mediation process including fees. Any questions specific to your case will be discussed during the first session when all parties are present. Family court legally requires a specific number of topics to be addressed to process an uncontested divorce. Kirsten will go through every topic with you in one hour sessions. Some topics require you to reach an agreement, some issues require you to make a decision, and some issues require you to disclose information. Typically three to four sessions is sufficient to address these topics. Once a fair and equitable agreement has been reached by both parties, Kirsten will prepare a Memorandum of Understanding. This will be provided to you for review in the final session.

Gather Financial Paperwork

Before issuing any orders on property division, California courts require spouses to exchange financial information regarding their income and property. If you choose to settle these issues through mediation, both you and your spouse must have access to all relevant financial documents to understand your assets and liabilities. These documents are ideally brought to the First Mediation Session. The financial information you need to share includes:

Tax returns for the past two years
Pay stubs
Credit card statements
Investment account documents
Income and expense information from real property
Pension plans and 401(k) statements
Mortgage statements
Copies of real estate deeds
Vehicle titles
IRAs, annuities, and deferred compensation records
Health and life insurance policies, and more.

STEPS
TO A SUCCESSFUL MEDIATION

First Mediation Session

During this first session, Kirsten will explain the key aspects of mediation and what to expect from the process. We will discuss your goals and address any urgent issues. Kirsten will gather relevant information about the couple, including details about your children. We will create a parenting plan for couples with children and if co-parenting decisions are not too challenging, custody and support issues will be handled. Couples without custody issues may start discussing division of property and review income, assets, and debts.

Second Mediation Session

Prior to the second session the couple should have provided Kirsten all requested financial paperwork listed above. During the second session of divorce mediation we will focus on division of property, business partnerships, and review your income, assets, and debts to give everyone a clear financial picture. Please note - if there's a need to evaluate a business, hiring a financial professional to assist in the mediation process might be required.

Third Mediation Session

The third mediation session often deals with financial matters if not resolved earlier. During this session spousal support will be discussed and determined along with any additional miscellaneous issues. The terms will be reviewed to prepare a Memorandum of Understanding, which will be finalized and signed at the last meeting.

Fourth Mediation Session (if needed)

If more time is needed, additional sessions will focus on resolving any outstanding issues.

The Signing of Final Documents & Next Steps

When an agreement is reached, Kirsten will document it as a Memorandum of Understanding (MOU). Each party will have the opportunity to review and discuss the MOU before signing it during our final meeting. If no agreement is reached, Kirsten will summarize the progress made and explain the options available to the parties.

When engaging in divorce mediation, the Memorandum of Understanding (MOU) outlines the agreements reached but isn’t legally binding and can’t be submitted to the court. The MOU needs to be formalized and included in the divorce judgment documents, requiring specific legal language. Therefore, even with mediation, you’ll need a divorce paralegal or legal document assistant to prepare the necessary court forms. Kirsten can help you find the right professionals for this.

DIVORCE MEDIATION