In any divorce, there are three general categories of issues to be decided at trial:

1. If there are children, child custody, child support, and parenting time;
2. Division and allocation of the assets and debts of the marriage;
3. Allocation of future income in the form of spousal support.

It is fundamental in any court proceeding that both sides know what the issues are in advance. This is a fundamental right of due process. Divorce law is no different. You cannot prepare to argue that your spouse should not receive spousal support if you do not know he or she is going to make a claim to receive support after the marriage, for example.

At Leskin Law’s One Day Divorce Mediation, both parties have the opportunity (and the obligation) to tell their spouse what legal issues they intend to raise at the Mediation/Arbitration. Both parties are provided with a list of all the possible issues they can raise. If an issue is not raised before the mediation, it cannot be brought up at the mediation, unless your spouse agrees to it.

Transparency and fairness are fundamental to the One Day Divorce Mediation process.  Our process ensures that neither party is blindsided or ambushed by demands they were not expecting and for which they could not prepare. Both spouses will have access to the same information prior to the mediation.

How The One Day Divorce Process Works

Both parties will receive the same online questionnaire asking what issues they would like to raise at the hybrid Mediation/Arbitration. Both parties will see the other’s responses. The issues will be clarified during the Pre-Mediation Conference. At the Pre-Mediation Conference, the mediator will explain what Oregon law is on those issues and what documentation will be necessary to help a party make his or her case.

If the parties agree on the issue during the mediation, then the matter is settled. If not, once the mediation is concluded, the mediation becomes a binding arbitration, and the mediator will make the final decision thereby settling the issue.

The difference between a traditional divorce in Oregon and One Day Divorce Mediation is this: in traditional divorce litigation you may be required to mediate. If you fail to reach an agreement on any or all issues, you still go to court and appear before a judge who will decide the same issues at a trial.

How Can Leskin Law’s One Day Divorce Mediation Help You

In a traditional divorce, one party files the issue they intend to raise with the court, and then the other agrees or disagrees, and can raise new issues. This process alone can take months. At One Day Divorce Mediation, both parties will know and discuss the issues they intend to raise at the hybrid Mediation/ Arbitration. They will work with the mediator and their spouse to efficient come to an agreement with their spouse. There are no surprises. And, our process will be completed in weeks, not months or years.