This memorandum can serve as the basis for a formal separation agreement in a pre-separation mediation or as a framework for decision making in other situations. A mediator does not offer legal advice. Parties to a mediation are encouraged to seek legal advice during the mediation process. Each party must engage an attorney to review the Memorandum of Understanding prior to the drafting of a formal separation agreement by one of the attorneys. Advice from accountants, financial planners, or other experts may be necessary in complex or unusual situations.
Mediation allows both parties to maintain a high degree of personal control over their affairs.
Mediation takes into account the unique needs and circumstances of the couple and their children. It maintains privacy and is less stressful for all concerned than adversarial proceedings. Mediation assists parents to work together for the true best interests of their children without sacrificing their realistic individual needs and goals. Research has shown that there is a greater level of long term satisfaction with and adherence to mediated settlements in comparison to court imposed settlements. Mediation is almost always less costly and time consuming than adversarial proceedings.