mouthPEACE
MEDIATION
RHODE ISLAND DIVORCE MEDIATION AND FAMILY MEDIATION SERVICES
Certified and Trained RI Divorce Mediators
FREQUENTLY ASKED QUESTIONS ABOUT OUR MEDIATION SERVICES
What do we do as divorce mediators?
As divorce mediators, we are a neutral third party who helps couples, such as you, to reach agreement on issues such as child custody, property division, and parenting plans. We facilitate communication between the parties and helps you to identify and address your concerns and interests. The goal is to reach a mutually acceptable agreement that is fair for both parties.
How does the mediation process work?
At Mouthpeace Mediation, the process begins with a half hour free consultation. We require that both parties make themselves available to meet on Zoom. This meeting provides an opportunity for both parties to meet us and tell us more about what they are looking to achieve in mediation, and gives us, as the mediators, a chance to get to know you and gather some information relating to your situation. After this free consultation, should you choose to move forward with mediation, we will ask you to sign an Agreement to Mediate. We will then set up an appointment to meet with both of you on Zoom. Mediation requires that both parties be present at each mediation session. We cannot meet with only one party. Together we will discuss the issues that are important to you and work with you to help you resolve your differences. All decisions are yours. Our role, as mediators, is to assist you with the conversations that will ultimately lead to your agreements.
How long does mediation take?
At Mouthpeace Mediation, each session lasts approximately 2 hours. We will ask each party to set aside this time where they can be alone in a quiet space that allows them to participate fully in the mediation session. At the conclusion of each session we will set an appointment for the next mediation session. The total number of sessions is determined by the parties, the topics they wish to discuss, and their ability to discuss and negotiate with each other. As mediators, we will check in frequently with the parties to see how they feel the process is going and to set expectations. We want you to feel comfortable raising any questions regarding the process and follow-up sessions. Our goal is to have you complete the process with a Memorandum of Understanding that lays out all of the agreements you have reached.
We don't get along well - How can we mediate?
Mediation does not require parties to get along well. Most times, parties have had many disagreements that have led them to mediation. The mediator is there to help the parties have difficult conversations in a safe setting. It is not the mediator's role to judge the parties but to work with the parties to achieve their goals. We ask that parties come to the table with an open mind and be willing to discuss the issues and negotiate in good faith.
My partner is very powerful - how can I be successful in mediation?
A very important mediator role is to balance power in mediation. It is not unusual for one party to have more power in a particular area and the other party to have power in a different area. At Mouthpeace Mediation, we will work to provide an experience where the power is balanced and both parties are able to reach a fair agreement.
Should I have an attorney during mediation?
Mediation is often very successful without the presence of an attorney or a need to involve an attorney. At Mouthpeace Mediation, we do not offer legal advice. Very often, if we feel it will advance the objectives of the parties or we feel that having more information will be helpful to you, we may advise both parties to seek legal advice or the input of a financial advisor. We do ask that once the mediation process begins, neither party retains an attorney without discussing it in mediation so that an unbalanced situation is not created. Such an imbalance can cause the other party to feel threatened and result in the inability to move forward with mediation. ​
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Will our agreement be enforceable?
The result of reaching agreement in mediation, is the creation of a Memorandum of Understanding. The MOU is not a legal document; it is a written documentation of the issues discussed and agreements reach through mediation. Once you have this document signed by both parties, you may take the document to an attorney who can assist with filing your divorce with the courts or you can file for divorce directly with the court. The MOU will serve as a basis upon which to formalize your divorce.
