Attorney Gordon Rea in St. Louis, Missouri
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- Distribution of property and other assets
- Child support, child custody and visitation
- Parental support or temporary maintenance
There are three basic ways divorcing couples approach a mediated divorce:
(1) Voluntary Full Mediation - the parties engage in a mediated divorce before contacting other attorneys;
(2) Voluntary Partial Mediation - the parties try a mediated solution one or more parts of the dissolution - custody, financial or property - either before or after contacting litigation attorneys; or
(3) Court Ordered - the court may order the divorcing parties to attempt a mediated divorce after appearing in court with each attorney.
General Principles of Mediation:
1. Each party needs independent legal representation prior to signing any document and to double-check legal information presented during the mediation.
2. The mediator cannot represent either or both parties to the mediation in court, and will not give legal advice to either or both parties. The mediator can and will give legal information.
3. Each party shall stop all legal proceedings.
4. Both parties shall maintain confidentiality of the proceeds of the mediation, except in conversation with legal counsel. The information exchanged during the mediation constitutes settlement negotiations in-advance of litigation and cannot be admitted unless under a separate rule of evidence.
5. Either party may end the voluntary mediation at any time for any or no reason. The mediator will end the mediation only for cause.
6. Each party will certify that there is NO ABUSE (Physical, Sexual, Psychological, Economic, Parental, Social, Child, etc.) that has or will occur to the parties or children.
7. Each party has a continuing responsible for full and voluntary disclosure of all information, documentation or information relevant to the dissolution.
8. No transfers of property during the mediation. No re-naming or re-positioning of assets. This would constitute fraud of the court when discovered later.
9. Each party must continue to fulfill an support responsibilities needed to support the other party and children during the mediation.
10. Acknowledge that you both have been advised and are in substantial agreement with the following four (4) truths involving parents in conflict: (from http://www.uptoparents.org/)
a. If parents are in conflict, their children are in danger.
b. Only the parents can protect them from that danger.
c. When protecting the children is their goal, parents can agree to settle any issue in the divorce.
d. When protecting the children is their goal, the parents are better off, too - personally, financially, and as parents.
Advantages of Mediation:
Long Term - The biggest long term advantage of a mediated divorce is the low-conflict problem solving learned by the divorcing parents. In a litigated divorce, conflict escalates from the first day and persists long after the divorce. Experts agree that ongoing conflict between divorced parents can be far more damaging to children than divorce without conflict. The mediation process provides divorcing couples a problem-solving pattern they can follow long after the divorce. In addition, mediation can be used repeatedly as years go by and needs change.
Short Term - One short term advantage to a voluntarily mediated divorce, besides the fact that it quickly tones down the level of the conflict between the parties, is that it is completely private. The confidentiality of a voluntarily mediated divorce means that there is no public information about the divorce until it is filed with the court. By then it is not news and what is seen is only what you decide.
The following chart summarizes the time and financial commitments, and the general objectives of each session:
| Session | Objectives | Session Hours |
| Preliminary |
| 1.5 hours $175 |
| 1. |
| 2.0 hours $350 Flat fee |
| 2. |
| 2.0 hours $350 Flat fee |
| 3. |
| 2.0 hours $350 Flat fee |
| Mediator Attorney |
| $750 Flat fee |
| 4. |
| 1.0 hour $175 |
| Mediation Friendly Attorney |
| Filing Fee ($140) plus $600 and up flat fee. |
Our office accepts all major credit cards. We are accessible from Highway 64/40, 44 and I-170 in St. Louis, Missouri, and we offer free parking for our clients. If you need someone to help you sort through your family law case, contact us for a free initial consultation.