
Mediation is quickly gaining wide recognition in the press as well as in the public as a preferable alternative to settling divorce in court. Read what the media is reporting about the advantages and benefits of mediation, and decide for yourself whether mediation may be the best choice for you.
Mediators take some hate out of divorce.
By Bob Houser, Staff Writer, Long Beach Press-Telegram, Feb 6, 1995
As Lisa Edwards' divorce from Tom drew near, Lisa Edwards discussed various options with her therapist/counselor. "The attorney I saw was very aggressive and antagonistic toward Tom. In addition, the attorney opened with a request for a $3,000 non-refundable retainer, fees of $250 per day and an additional $800 per day if in court. "I kept seeing dollar signs and neither of us had that kind of money. My therapist said maybe we could try mediation.
Enter Carole Rouin of Long Beach. Rouin is certified by the Academy of Family Mediators and a certified family law attorney. Preludes to the starts of her own law practice included three years with the Long Beach law firm headed by Joseph A. Ball and a stint with a Century City law firm as a trademark litigator. She has served as a court-appointed mediator and judge pro-term for Long Beach, Norwalk and Orange County courts.
Unfortunately, Rouin says, there are no requirements in California for becoming a mediator. "You could be a mediator in any area you'd like; anybody walking of the street can say they are a mediator and that's one of the problems. To become a certified mediator, the Academy of Family Mediators requires a candidate must complete 40 hours of academy approved training, have at least 100 hours of face-to-face mediating in at least 10 different cases, submit six different settlement agreements for academy review and take 20 hours of continuing education in mediation every two years.
The Edwards were satisfied with Rouin's qualifications and service.
Lisa says mediation "meant putting a log of differences aside and dealing with each other as human beings."
One item of discussion was life insurance policies. Tom wondered, if he remarried, would the policy be voiced. "Carole said, 'Why? The children are still there. Lisa ( who has custody) still has the kids to look out for' Lisa recounts. So, the insurance stays in effect, with Lisa the beneficiary until the kids are 18.
Divorce mediation, Rouin says, is a court-approved alternative to a litigated divorce and permits obtaining a divorce without appearing in court or incurring large legal fees.
Mediators are neutral and do not represent either arty. They offer suggestions, help the couple define problems, understand the legal issues and discuss solutions in a rational and creative way, says Rouin, but the final agreement is up to the parties.
Rouin advises both parties to take copies of the tentative settlement to their own family law attorneys for review to satisfy themselves that it's fair. Then they return the agreement to Rouin for filing with the court.
Lisa Edwards, reflecting on the past few months, says the couple's children were affected by the divorce, but only minimally. "I found the experience very positive. I think it helped Tom and me remain civil to each other. It's not easy, but I'd recommend it to anyone thinking of divorce."
"We tried to talk once a week without a third party, but it was almost impossible. We'd agree on the children's need for stability and then fight over the equity in the house. We just weren't getting anywhere. Finally we went to mediation and with the help of a mediator were able to find solutions that met both of our needs." Sonja J.
