Access Mediation, Inc was founded in 2020 in response to the global coronavirus pandemic. Online and in-person mediation services had been growing in popularity prior to the Covid-19 outbreak, but the pandemic revealed the true need for more accessible mediation resources.
During the pandemic, court systems around the country slowed down. Divorces, which can take many months or even years during the best of times, slowed to a halt in some jurisdictions. Some courts went as far as to issue a complete hold on *non-essential divorces. Courts around the country became backlogged with pending divorce cases. Suddenly, the amount of time needed to complete the divorce proceedings was longer than ever before.
Prior to the pandemic, it was common for courts to recommend couples take their proceedings through mediation; encouraging the couple to work out their own problems. The couple would then return with a mediation agreement they had both agreed to, and the court would finalize the divorce. This has generally been the most expeditious way to finalize a divorce – provided the couple can agree upon how to divide debts and assets. As a bonus, mediation almost always turns out to be significantly less expensive than hiring lawyers and taking the divorce proceedings through the traditional court system.
Today, in the midst of a pandemic, family mediation is taking the pressure off of the court system, reducing the backlog of court cases, expediting family law proceedings, and saving families significant amounts of time, money, and stress in the process.
We believe that even after the pandemic has completely passed, virtual mediation will remain an important part of family law disputes. The convenience, efficiency, flexibility, and economy of online mediation will prove to be a benefit to families, courts, and mediators for years to come.
Mediation vs. Court
There are a variety of reasons why couples choose to mediate a divorce rather than taking it to court:
- Mediation is almost always less expensive
- Mediation is almost always faster
- Mediation gives the parties greater control over the outcome
- Mediation gives the parties a better chance of preserving an amicable relationship (especially important if there are children)
- Mediation is more convenient – you set the dates and times that work for you from our atypical office hours
- Mediation is voluntary
- Mediation is confidential
- Mediation is more flexible – you are free to make arrangements that work for both parties
- Mediation aims to have a positive outcome for both parties; it is not viewed as a win-lose situation
Expense
Mediation is almost always less expensive than going to court.
The cost of divorce varies greatly from case-to-case. However, a well-cited average for divorce costs today are around $15,000. For families who come to a comprehensive out-of-court agreement on the issues, the average costs drop to $10,600 (including attorney fees). Families which go to trial on one issue see average costs jump to $20,379. Those couples which take their divorce to trial on more than one issue have their cost of divorce averaging out at $23,300.
However, families that have accumulated more than the average wealth tend to pay more and less-wealthy families tend to pay a bit less. This number varies significantly based upon whether the couple decides resolve the issues in-court or not, with divorces going to court incurring significantly greater chargers as legal fees are commonly charged between $200-$2000 per hour and often include additional expenses such as travel time, parking, and other unforeseen auxiliary costs.
The average US divorce which relies upon private mediation comes in between $3,000-$8,000 which is generally split between the parties. At Access Mediation, our fees tend to average at roughly $4,000 per divorce mediation, although it is possible to spend less than $1,000 and reach an agreement.
Efficiency
Mediation is almost always faster than going to court.
In the US, prior to the pandemic, the average divorce took 12 months if it didn’t go to court. For cases that had at least one issue to resolve in court, the length of the divorce jumped to 18 months. Those that had more than one issue tended to take even longer.
During the pandemic, the time taken to finalize a divorce skyrocketed. However, even during the pandemic, mediation remained one of the quickest, most efficient ways to finalize a divorce.
Greater Control
Mediation gives both parties greater control over the outcome.
When issues are taken to court, the judge will rarely consider the nuances of your individual situation. What seems common sense to you and your ex-partner may not be as clear or as important to the court.
For example:
- The court may not take into consideration that one party works one weekend per month when they assign a parenting schedule that conflicts with a work schedule.
- The court may not take into consideration items with sentimental value when dividing assets.
- The court may not act in the way which you anticipated.
When the parties resort to mediation, they are in complete control over what they agree to accept and/or reject. This is not the case with a court order. If the settlement offered by the other party is unacceptable, you are encouraged to negotiate to find a resolution which works and is acceptable to both parties. The mediator will gently guide you through this process to help enable success.
However, at the end of the day, you are not forced to sign anything you do not want to sign during mediation.
Maintaining Amicable Relationships
Mediation gives the parties a better chance of preserving an amicable relationship.
Litigation tends to pit the parties against each other in a zero-sum game where there can be only one winner and one loser. In this scenario, each party is consciously (or subconsciously, sometimes) motivated to “win” as much of the assets as possible, thereby leaving the other party with as little of the assets as possible. The parties are pitted against each other and the emphasis turns away from collaboration and toward competition. It is difficult to preserve an amicable relationship after this type of experience.
With mediation, the parties are encouraged to collaborate together to discover the best possible win-win outcome. The parties are encouraged to be creative and to think outside the box. The parties are more likely to be able to empathize with each other and are more motivated to reaching a mutually acceptable decision on their issues.
Maintaining an amicable relationship can be particularly important to parties if they have children together. Due to parenting time arrangements, the parties are likely to continue to see each other and interact on the outskirts of each others’ lives. Maintaining a positive relationship during this time can make life much more manageable for all parties involved.
Voluntary
Mediation is completely voluntary.
Unlike court, mediation is 100% voluntary. No one can make you show up or stay if you don’t want to. Sometimes when one party is having a particularly bad day, they may ask to end a mediation session early and reschedule for another day or time. We understand this – mediation often touches on difficult emotional issues for the parties involved. If you don’t feel capable of facing the other party on a given day, we may offer other options, such as no-video mediation, shuttle mediation (where the mediator converses with the parties separately and relays messages between them), or chat-based mediation – but you are always welcome to reschedule for a different time.
At the end of the day, no one can make you come back to mediation if you feel it is not right for you. In rare instances, some parties prefer the court to finalize the division of assets, debts, parenting time, and other issues.
Flexibility
Mediation is more flexible.
One of the best advantages of mediation is the flexibility it allows. You are welcome to be as creative with the settlement of your issues as you like. You can come to parenting arrangements that are more flexible and personalized than a court is ever likely to come up with. Divisions of debts and assets can account for sentimental value, if you wish.
This flexibility extends to how you mediate your issues. Your mediator will work with you to discuss the various options available to you. You may decide to start with video mediation and then proceed to shuttle mediation before returning to chat mediation. Your mediator will help facilitate your Agreement in the way that is best suited to the parties involved.
Atypical Office Hours
Early morning, evening, and weekend availability!
At Access Mediation, we are happy to provide our clients with access to atypical office hours – with us, you can schedule your mediation around your busy life. We don’t believe that you should have to take a holiday or sick day to attend mediation. Save those vacation days for what they’re meant for, relaxation, fun, and family!
Whether you prefer to mediate before work, after work, or on the weekend. We are certain we can find a time that will work with your busy lifestyle. Check out our general availability calendars, here.
Mediation Agreements
We strive to help our clients reach a full agreement on all of their issues. However, sometimes couples come to partial agreements, perhaps unable to reach an understanding on one or more issues. Regardless of the agreement you are able to reach, your mediator will offer to draw up a Memorandum of Understanding (MOU), i.e., a Mediation Agreement. After the agreement is put into writing, it is then recommended that you both sign and date separate two copies (one for each party) of the Agreement and get it notarized before submitting it to the local court or storing it safely for possible future reference.
Access Mediators
Our mediators have Juris Doctorate law degrees and extensive family law mediation training and experience. Although well-versed in the law, our mediators never offer legal advice; they remain neutral and unbiassed throughout the entire mediation process.
Explore our mediation services here or contact us with enquiries.
Mediation Platform
Our mediations generally take place on the Zoom platform; you can join a meeting from your computer, tablet, or even your phone. Just make sure you download the app or program to your device prior to your mediation appointment.
We generally start our mediation sessions using both audio and video, however if tempers escalate, we have the option to turn off video and/or audio and rely on the audio and/or chat functions. We also have the ability to separate the parties into separate “rooms” and and engage in “shuttle mediation” as the mediator moves between the virtual rooms and relays information to the parties. In rare situations, we can even rely on mediating via email. Feel free to reach out to us with any questions.
Download Zoom to your computer here.
Download the IOS Zoom app to your phone or tablet here.
Download the Apple Iphone app here.
If you have trouble setting up Zoom, contact us and we can help guide you through the process.
*Nonessential divorces make up the vast majority of divorces in the US today. For example, the Supreme Court of Texas prohibited non-essential in-person hearings that went against local, state, or federal directives. They defined essential hearings as those which constituted emergencies, those which were time-sensitive with an inflexible deadline, injunctions, or cases with a liberty interest. All others were considered nonessential. In the realm of divorce, this has generally translated to cases being suspended unless there is reason to believe a party may sustain harm (such as from an abusive relationship).
Even celebrities have found it impossible to work around this issue. In May 2020 Mary-Kate Olsen’s pending divorce was deemed non-essential by a New York City judge. In January 2021, the couple was reportedly able to reach an amicable agreement and finalize the divorce procedure.
Access Family Mediation 