Divorce Mediation
Working Out the Terms of Your Divorce Through Mediation
The least costly, less stressful approach to finalizing the terms of your divorce is through mediation. At The Mediation Center of the Pacific (MCP), impartial mediators help divorcing couples talk and negotiate agreements on all of the issues that are required to be addressed to finalize a divorce including:
- Where the children will live and how time-sharing and co-parenting will work
- How major decisions for the children will be decided
- How property will be divided
- Any other issues that impact the children and/or arise out of the family relationship.
The mediators will not draft or submit any legal forms for your divorce. Go to the Judiciary's website to access the forms you will need to complete to finalize your divorce.
MCP Divorce Mediation Programs
MCP offers two options to mediate divorces: Community Divorce Mediation and Access ADR
Community Divorce Mediation
A Client Service Specialist (CS) works with the participants to determine a day and time to schedule the first three-hour mediation session Monday through Friday, at 9am or 1pm.
Additional sessions are scheduled as needed
The CS assigns a team of volunteer mediators to mediate
The mediators focus on a facilitative approach to mediation
Each participant is required to provide a draft co-parenting plan or Asset & Debt Statement depending on the issues
Each participant pays a flat fee for each session based on their household income.
Access ADR Divorce Mediation
Participants review a panel and select the mediator that best meets their needs
The participants work directly with the selected mediator to determine the best day and time to mediate, as well as the length of the mediation session(s)
The mediator identifies the appropriate process for the participants’ situation and communicates with them directly regarding required documents, pre-mediation statements, or other information needed for the mediation
The participants split the hourly rate of $250 for all pre-mediation, mediation, and post-mediation time invested by the mediator
Which Program is Right For Me?
For the Access ADR program
If you answer “yes” to one or more of the following questions, you should select the Access ADR program.
Is the total value of all marital assets existing at the present time greater than $2.5 million?
Does the last federal income tax return for the couple show combined W-2 income of more than $150,000?
Does either spouse own an operating business asset with annual revenues of at least $120,000?
Does either spouse own an interest in commercial real property?
Does the last federal income tax return for the couple show income from investment accounts of more than $50,000?
Does either spouse jointly own an asset worth at least $100,000 with someone else?
Is one or both spouses the beneficiary of an irrevocable trust created by a relative?
Was either spouse worth at least $500,000 on the date of marriage?
Did either spouse receive a gift or inheritance worth more than $250,000 during the marriage?
Is there a potential unpaid tax liability greater than $50,000?
Since separation or filing, have assets worth at least $200,000 been acquired or disposed of, or has more than $100,000 of additional debt been incurred by either party?
Is a trial already scheduled in the case, or is there a major hearing coming up within the next forty-five (45) days, and is there a pending dispute of more than $250,000?
For the Community Divorce Mediation Program
You will
Speak with a Client Services Specialist to schedule a mediation session.
Complete the short Preparing for Divorce Mediation Form. This information will assist the mediators in preparing for your mediation.
Prepare a draft Co-Parenting Plan and submit it in advance of your scheduled session if you are focusing on time-sharing and co-parenting of the children. This worksheet, Planning for the Children, has more information and will help you to complete the Parenting Plan.
Complete an Asset & Debt Statement and Income & Expense Statement and submit it in advance of your scheduled session if you are focusing on property division
You must email the form(s) back to mcp@mediatehawaii.org at least 48 hours prior to your scheduled mediation session.