Memorandum Of Understanding In Divorce Mediation

Answer:

If you have successfully mediated your case, your mediator will prepare a document that’s called a Memorandum of Understanding, which is often referred to as an MOU by the attorneys involved in your case. The MOU is provided to your attorneys. It is not signed by you or your spouse. It is not a binding agreement. It is not enforceable as a marital agreement in New York. It is your road map for everything that you have agreed upon in mediation. The MOU then goes to the attorneys, and one of the attorneys drafts either a separation or opting-out agreement. Separation or opting-out is the same agreement, different titles, depending upon when you’re going to be moving forward with the divorce.The attorneys have to prepare the separation agreement. The mediator doesn’t because the mediator represents neither party. When a mediator or an attorney drafts an agreement for two parties they are representing both parties, and that usually is not advisable. As a result, both parties then end up with an attorney and one attorney drafts the agreement. Overall, the process for getting that paperwork completed is far less expensive than starting with just attorneys and avoiding the mediation process.