Pittsburgh Family Law Mediation Lawyers

Gathering Relevant Information

Following that first appointment, we then assist the parties in understanding what information they need or agree to bring to the table. With that information, the parties can begin the process of mediating their case. Mediation, understandable, begins with a first (and sometimes only!) session. That session can take anywhere from an hour to several hours, depending on the type and complexity of the issues being mediated. Family Law mediation encompasses every issue that a divorce lawyer could see in Court- from custody and child support to complex equitable distribution and income matters.

Mediating Custody Matters

Some cases involve custody matters. It then becomes our task to see if the parties can agree to a custody arrangement, and what each spouse’s goals and objectives might be in that respect. There are those cases where the parties have clearly identified a parent who is to have primary physical custody of a child or children. We can discuss weekday schedules, weekends, holidays, and decision making for child rearing, educational, religious, and medical purposes. There are also cases where both parties wish to enjoy equal time with the child or children, or shared custody. In these and all custody cases, the proximity of parents to the children’s schools and each other can be discussed and agreed upon.

Often, in cases regarding custody, parents who mediate may not have any issues at all in deciding who is to have custody and with which parent the child or children will spend time. Often these parents already know, and really don’t desire the Court or a mediator to intervene in this particular aspect of their divorce case. In that event, custody can stay a personal issue and may only be tangentially mentioned in an overall agreement.

Contact us by calling (412) 281-1988 today for alternative resolution methods to your divorce in PA!

Mediating Child Support

Mediation involving custody often involves child support as well. An experienced mediator who is also a divorce lawyer may be able to assist the clients in understanding the choices they may want to make in deciding the amount of child support, what the Pennsylvania guidelines may be for child support and how they play in to the mediating couple’s decision, and which expenses can or will be considered by the parties in the constitution of the child support. An amount and duration for child support can be drafted into a mediator’s mediation notes or agreement.

Determining Alimony

The Commonwealth of Pennsylvania recognizes, but does not always require, the payment of alimony in divorce cases. In mediation, this is an issue on which the parties may agree during mediation. Alimony is an issue that may arise if there is a discrepancy between the husband’s and the wife’s incomes, if one party does not or has not worked for some time, or if young children are involved in a divorce case.

Using Mediation To Divide Assets

Some mediation cases may also involve the issue of equitable distribution. Equitable distribution, in the Pennsylvania divorce world, is the division of assets. It is the most common issue that arises as a claim in a divorce, besides divorce itself. Commonly, if spouses have been together for some time, they will acquire assets together during their marriage. Or, they may already have assets which appreciate or depreciate during the marriage. Often, a mediating couple will have some very general idea as to how they may want to divide their jointly held possessions, such as their house or marital residence, investment accounts, pensions, cars, bank accounts, and the like. In some cases, they don’t even know where to start. A divorce mediator can be of great assistance regardless of the type and complexity of the equitable distribution case.

In dividing assets during the mediation process, the first step, which is likely the most important step, is simply (or not so simply) identifying what assets exist. Creating an inventory of everything you own can be a daunting process. However, when you whittle that list down to the essentials (in other words, perhaps bypassing the listing of every chair, pot and pan and instead focusing on the larger items such as vehicles, real estate, and investment plans), it becomes easier. The next step is to put a value on those items. If we can get that far, we can negotiate or discuss the "who gets what" and "how much" aspects of the case.

During the mediation, the way property is divided, or the amount of support one gets, or the custody arrangement one chooses, or any variety of choices on any variety of topics, the couple can keep in mind that it’s not their state, or their county, that is imposing the decisions on them, it is they who decide how their agreement will work. In other words, for example, mediating spouses may choose to forego a guidelines amount for support in favor of an amount that they create together which suits their expenses and unique situation. 

The same holds true for equitable distribution. Spouses are not necessarily bound by a straight equation or percentage division (like 50% - 50% or 60% - 40%) for the division of marital assets- they have the right and the ability to choose whatever works for them – perhaps without even considering an exact calculation of value or percentage division.

Find Out More

The bottom line is, in most cases, mediation is what you make of it and can work for almost every case. Instead of relying on a judge or third party (i.e. the Court) to make a ruling as to how you handle your most private and personal affairs, mediation empowers divorcing spouses to take hold and decide their own case, together, with the guidance and assistance of a neutral third party: the divorce mediator.

Bethany L. Notaro, Esq. is a certified professional mediator. She can work with you and your spouse to negotiate an equitable arrangement in your case. Attorney Notaro will speak with both of you together regarding the mediation process and how it would apply to your own unique needs.

For more information on family law or divorce mediation, contact our Pittsburgh mediators by calling (412) 281-1988 today!