faq about divorce mediation in indiana

Divorce mediation is a form of Alternative Dispute Resolution. Mediation is mandatory in many Indiana counties regarding disputes involving the division of marital assets and debts, spousal maintenance, child custody, parenting time, and child support. 

In Court, decisions are ultimately made by the Judge, which means you lose control over the outcome. The process can be lengthy, expensive, and emotionally draining. Mediation, on the other hand, allows you to maintain control over your decisions. It's a collaborative process where we'll work together to create solutions that work for both of you rather than having a decision imposed upon you by someone else.

The most common alternative to mediation is to work with two separate lawyers to handle negotiations; this is much more expensive. Mediation is generally faster, less formal, and more affordable. The hourly fees of mediators typically are lower than those of lawyers. Litigious approaches to divorce also involve a lot of time, including costly procedural actions (e.g., filing declarations and motions, depositions, discovery, back-and-forth communications between the lawyers, etc.), whereas mediation is very straightforward. The Agreement that emerges from mediation can be incorporated into a Court order. 

Mediation promotes better relationships through cooperation, creative problem-solving, and improved communication. Divorce mediation allows you both to work together at your own pace and reach fair solutions, which is an empowering way to navigate this difficult time.

You can expect a safe, confidential, and neutral environment during our divorce mediation sessions where we can have honest conversations without the pressure of a courtroom. You'll each have the chance to express your concerns, priorities, and goals, and we'll work together to find common ground. No decisions are made without both of you having input. We'll break things down into manageable discussions, and you'll have time to review every item and ensure you're comfortable with the outcomes. 

Throughout this process, I'll be here to keep things respectful, guide the conversation, and offer suggestions, but the decisions are entirely in your hands. My purpose is to make this process as smooth as possible and help you both move forward in a way that feels fair and balanced for everyone involved.

We’ll discuss mediation rules, verify information, and review our timeline and objectives at our initial in-person meeting. Then, the parties may settle into two separate rooms for the duration of the process, which makes sessions more efficient in many cases. Together, we will:

• Identify matters that need to be resolved;

• Prioritize the issues and focus on one at a time;

• Discuss possible solutions;

• Come to an agreement about parenting plans, financials, and other key matters;

• Draft, review, and sign a final agreement.

Indiana law mandates a minimum 60-day waiting period from the date of filing the Petition for Dissolution of Marriage before a divorce can be finalized. In most Indiana counties, disputed divorce issues must be submitted to mediation before the Family Court Judge will hold a formal hearing.

During this waiting period, mediation can resolve your issues and reach a settlement so that everything can be filed on the 61st day with the Court, and the Judge will likely approve it. Mediation ends in a settlement agreement, so there is no need for a final hearing. The Judge enters the decree, and the divorce is final.

Mediation offers many benefits that can make an emotionally difficult time a bit easier. First, it allows both of you to control the decisions that impact your future instead of leaving the outcome up to a judge. This means you can create a personalized solution that works best for both of you, whether dividing assets, creating a parenting plan, or addressing other important issues.

Based on recent case analysis, the average price for a litigated divorce in Indiana generally ranges from a low of $4,000 to as high as $133,000 or more, with the average divorce costing $30,000. In contrast, the average divorce mediation typically costs between $2,000 and $5,000, depending on the complexity and number of issues that need to be resolved and the level of conflict between the parties. 

Perhaps most importantly, mediation offers the chance to preserve a respectable relationship, which can be especially helpful if you have children or will continue co-parenting. The process encourages communication, mutual understanding, and problem-solving rather than conflict and division. Parties are more likely to abide by agreements that they create themselves. Ultimately, mediation can help both of you move forward with a sense of closure and fairness, giving you a more positive foundation for the next chapter of your lives. 

My approach to problem-solving is thoughtful, neutral, and focused on achieving mutually beneficial solutions. I support and guide individuals dealing with complex personal disputes with productive conversations to bridge divides between conflicting parties.

My role as your mediator is to help facilitate constructive conversations, encourage understanding, and assist you in reaching agreements that work for your unique situation. I'll guide you through the decisions that need to be made, whether that involves dividing assets, making co-parenting plans, or discussing other important issues. This process is designed to be collaborative, not combative. I'm here to help you navigate these discussions respectfully and ensure both voices are heard. My goal is to support you in reaching fair and mutually agreeable solutions so you can begin the next chapter of your lives with clarity and peace.

In most Indiana counties, disputed divorce issues must be submitted to mediation before the Family Court Judge will hold a formal hearing.

We can schedule an initial consultation as soon as the parties agree to try to resolve their disputes outside of Court. Mediation early on can save the parties thousands of dollars and minimize long-term distress.

The answer varies with the number of issues to be resolved, their complexity, and the ability and willingness of the parties to negotiate in good faith and cooperate during the process. A typical comprehensive divorce mediation may take 2 to 8 sessions or more, with some homework between sessions. 

Attorneys are welcome during your mediation process if you have representation, but parties often complete mediation successfully without legal representation as well. You can hire an attorney to advise and accompany you during our sessions. Many attorneys are happy to have their clients work with mediators to resolve most or all issues outside the Court. 

I am a neutral facilitator and do not represent or advocate for either party. As a mediator, I do not provide legal advice and do not interpret statutes or advise about or recommend any specific legal action that would benefit either party over the other. However, I will inform you about state laws, local court procedures, and other available resources. I encourage parties to hire an attorney if they have legal questions at any time during the mediation process.

While no method of conflict resolution is always successful, the success rates for mediation are better than those for litigation. This is partly because both parties "win" by participating in the outcome of mediation. Success in mediation requires that both parties negotiate in good faith and want to resolve matters. 

Even if we cannot resolve all of the issues through facilitated negotiations, we may reach an agreement on some of them and can write up a "Partial Agreement" to submit to the Court. This process saves time and money and may avoid unnecessary stress.

During our initial phone consultation, we'll discuss what you should bring to mediation and the topics you'll want to be prepared to discuss. 

A retainer of $1,000 is required before the date of our first session. 

I provide a free initial phone consultation. The average divorce mediation typically costs between $2,000 and $5,000, depending on the complexity and number of issues that need to be resolved and the level of conflict between the parties. 

Parties typically share the cost of the mediator's fees equally (50/50), although this can be negotiated between the parties before mediation begins. My fee is $175 an hour, and a retainer of $1,000 is required before the date of our first session.