
The Peaceful Divorce Alternative
Our goal is to see both parties
peacefully moving on with their lives.
The Preparation
The first stage of the MakePeace Divorce Mediation process--after we've answered all initial questions and the couple has decided to proceed--is the prep phase. During this phase, we forward to the couple our standard form of Fees and Services Agreement, as well as two questionnaires designed to provide us with certain basic but necessary information about the marriage and the parties. Gathering this initial information before the mediation allows our mediator to begin the session already informed about the basics, ensuring that the session is focused, as much as possible, on the real issues at hand. No mediation session occurs until the completed questionnaires, the signed Fees and Services Agreement, and the initial payment are returned to MakePeace.
The Sessions
The next stage--the heart of the MakePeace Divorce Mediation process--is the actual mediation. Each MakePeace mediation session is conducted by a family mediator specifically trained to assist the parties in addressing the many financial, familial, and practical dilemmas presented by divorce. All MakePeace mediators have received professional training in divorce mediation, and all have substantial experience in dispute resolution.
During the course of the mediation, the MakePeace mediator will endeavor--in an impartial, non-judgmental manner--to bring the parties to an agreement on PEACE, with PEACE serving as an acronym for the matters at issue in most divorces:
P--Parenting Issues.
E--Equitable Distribution.
A--Alimony.
C--Child Support.
E--Everything Else.
The mediation sessions usually last no longer than two hours, although more than one session may be necessary to resolve all issues. While both parties must be present throughout the mediation, the mediator may, at times, deem it beneficial to meet separately with either spouse. The mediation is voluntary, which means that either spouse may terminate any session at any time. Similarly, if the mediator concludes that no progress can be made or that a settlement is not achievable, the mediator may declare an impasse.
If a full agreement is reached on all PEACE issues, the mediation ends, the parties leave, and the mediator begins work on drafting the formal Settlement Agreement document (see "The Agreement" section, below). If agreement is not reached on all PEACE issues, but if progress has been made and the parties are amenable, the mediator will schedule additional mediation session with the aim of continuing on toward a full and final PEACE agreement.
The Agreement
Within five business days after a full agreement is reached on all PEACE issues (and after payment of the applicable fee), MakePeace will forward to the parties a draft Settlement Agreement incorporating the terms of the settlement and containing such other usual and customary terms and conditions as
MakePeace includes in its then-standard settlement documentation. Each party will then have ten business days in which to review the draft agreement and, if desired, have the draft agreement reviewed by an attorney and an accountant of his or her choosing. Thereafter, the parties will reconvene at the MakePeace offices (at no additional charge) for the signing of the Settlement Agreement.
The Court Documents
If the parties sign the Settlement Agreement, they may elect to pay MakePeace to prepare the Court Paperwork necessary for the filing of a dissolution of marriage proceeding. If the parties pay MakePeace for this service, MakePeace will prepare and deliver to the parties completed paperwork required for the filing by the parties of an action for dissolution of marriage. This service does not include the actual filing by MakePeace of any Court Paperwork with any court, nor will makePeace make any court appearance on behalf of either or both of the parties. Rather, if the parties elect this service, MakePeace will deliver the completed paperwork to the parties (along with written instructions), and the parties shall then be responsible for filing the paperwork (including all filing fees) and for scheduling a final hearing with the court.
The Cost
Our fee for mediation is $250 per hour. Since each session is scheduled for two hours, and since we anticipate two sessions, we require advance payment of $1000, although if the mediation concludes in less than four hours we refund the difference (calculated in tenths of an hour) within three business days.
Our fee for the preparation of the Settlement Agreement is $1000.
Our fee for the preparation of the Court Paperwork is $1000.
The Exceptions
In some divorce scenarios, mediation is not appropriate. MakePeace is not a law firm, and while some of our mediators may be lawyers, they do not serve in the role of lawyer during mediation and will neither offer nor give legal advice. Similarly, MakePeace is not an accounting firm, and we make no effort to determine whether a spouse is hiding assets or being less than truthful on financial issues. While we afford both parties the opportunity to have their Settlement Agreement reviewed by legal and accounting counsel of their own choosing, nevertheless, if either spouse feels his or her legal rights need additional protection, if either spouse lacks sufficient understanding of the parties' financial particulars, or if either spouse feels at all threatened or intimidated by the other, then he or she should not pursue mediation without first consulting a lawyer.
The Pledge
MakePeace can neither promise nor guarantee that a settlement will be reached in any particular case. Ultimately, the parties are the decision-makers on all matters of contention between them, and MakePeace has neither the power nor the authority to impose a resolution. MakePeace does pledge, however, that in each and every MakePeace Divorce Mediation session, MakePeace will make a diligent, earnest, impartial, good faith effort to facilitate a fair, equitable, and acceptable agreement between the parties.
MakePeace Divorce Mediation Services, Inc.
1776 N Pine Island Road, Suite 308, Fort Lauderdale, Florida 33322
954.382.0002
Copyright 2008, 2009, & 2010, MakePeace Divorce Mediation Services, Inc. All rights reserved.
The name "MakePeace" and the MakePeace stylized logo are registered trademarks of MakePeace Divorce Mediation Services, Inc.