Divorce Mediation at Providence Psychology Services, LLC
Joseph J. Trunzo, Ph.DCertified Divorce Mediator
Divorce is a painful and difficult process, but a husband and wife can have more control over their divorce than they may realize. Most people assume that in order to get divorced, each party needs to hire a divorce attorney and litigate (or fight) about child custody and the division of assets and liabilities. Mediation offers a more amicable, affordable, and faster way to accomplish a fair and equitable outcome for everyone involved. Most importantly, in mediation, all decisions regarding the terms of the divorce are determined by you, not the court. The mediator's role is to facilitate the process of helping you to determine your own divorce terms, whereas the court's role is make these decisions for you, often to your detriment. Below is a list of common questions about divorce mediation. The answers are meant as a guide and should not be taken as legal advice. If you have further questions about mediation, please feel free to call Dr. Trunzo at Providence Psychology Services, LLC at 401.273.3322 ext. 2.
What is divorce mediation?
Divorce mediation is a process in which the mediator facilitates the terms of divorce for a husband and wife by helping them to reach a fair and equitable agreement. Mediation covers child custody, placement, and visitation as well as the division of assets and liabilities. In short, a competent mediator can help you form an agreement that will be accepted by the court and minimize the pain and distress associated with the divorce process.
Who are mediators?
Most often, mediators are either attorneys or mental health professionals, but technically, anyone who has completed mediation training can serve as a mediator. They usually possess some post-graduate degree in a relevant field, such as law or psychology. Regulations regarding mediation vary from state to state, but there is no overall governing body for mediators. Therefore, you should be careful when selecting a mediator to make sure they have adequate credentials.
Shouldn't I make sure I have a mediator who is also a divorce attorney?
Many mediators are attorneys, but it is not necessary to be an attorney in order to be a mediator.
Why would I hire a psychologist as a mediator rather than an attorney?
Psychologists are trained differently than attorneys. The law is an adversarial process and attorneys are required to "zealously represent" their clients. When a couple divorces and each hires an attorney, each attorney is obligated to do everything they can to get the best possible deal for their client, often at the expense of their spouse and children. In many situations, this is exactly what a client needs, but this is not always the case. In mediation, the mediator's goal is to facilitate a fair and equitable agreement for both parties. Many attorneys, because of their training in the adversarial nature of the law, have a difficult time grasping the concept and process of mediation. Psychologists, on the other hand, are trained in listening and responding to the needs of their clients in a compassionate, non-judgmental, and unbiased manner in order to resolve conflicts amicably. This background is ideal in assisting couples to reach a fair and equitable agreement over which they have complete control. Ideally, the court is minimally involved in the process.
If my mediator is a psychologist, will I be getting therapy during mediation?
Not if your psychologist is a good mediator. Mediation and therapy are two different processes and should be kept separate and distinct from one another. Although I am a licensed clinical psychologist, when I perform mediation services, I am acting as a mediator, NOT as a psychologist. If a situation arises where psychological treatment is necessary, I will assist you by making a referral to a competent mental health professional that is not connected with your divorce mediation process. I will not provide therapy services to my mediation clients, or mediation services to my therapy clients. Doing so would constitute a clear conflict of interest. If you encounter a mediator who is willing to also provide you therapy or act as your attorney and mediator, you should find another mediator.
Can all divorces be mediated?
No. There are certain pre-requisites for a good mediation case. Both members of the couple need to agree to mediation and be able to sit in the same room and communicate with one another in a civil manner. Additionally, in relationships where there are issues of domestic abuse, pre-marital agreements, or severe substance abuse, mediation is not usually the best option. If you have questions about whether or not your situation may be suitable for mediation, you should contact me to discuss your situation specifically.
If I get a mediator, does that mean I do not have to go to court?
No. All divorces in Rhode Island require an appearance in Family Court, which is a highly unpredictable place. A good mediator will craft an agreement that is likely to be accepted by the court, thus minimizing the need for judges who don't know you to make decisions about your life and your family. A good mediator will make sure you are able to navigate the court process with minimal risk and difficulty.
Is mediation expensive?
Fees for mediators vary widely, but it is almost certainly cheaper than spending money on two different attorneys to litigate a divorce. Often, cases can be successfully mediated in two to three one hour sessions. Many mediators, myself included, don't charge retaining fees. This allows you to pay for services per session, so you don't need a large sum of "up front" cash in order to start the process. Obviously, you should discuss fee and payment arrangements with the mediator you are considering. Good mediators will discuss this with you before you meet with them so you are aware of your financial responsibilities before entering into a mediation relationship.
How do I get started with the mediation process?
You can call me at any time to discuss setting up an appointment. You will speak directly with me, not a secretary or office staff person, so your questions will be answered and your concerns adequately addressed. I wish you the best of luck as you go through this difficult life transition. If there is anything I can do to help you, please call me at 401.273.3322, ext. 2.
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