How Divorce Mediation Sets the Right Tone for 2025 (Arlington, VA)
Divorce mediation is becoming a cornerstone for couples seeking a fresh start in the new year, especially in Northern Virginia. According to the Virginia State Bar, mediation helps couples save an average of 60-70% compared to litigation costs while offering higher satisfaction rates. This guide explores how mediation can help you navigate separation efficiently and amicably in 2025.
Why Choose Divorce Mediation in 2025?
- A Changing Landscape of Divorce Resolution
The divorce resolution process in Northern Virginia is evolving. Collaborative Law and Mediation have emerged as favored forms of alternative dispute resolution. Mediation, in particular, has gained popularity for couples seeking efficient and cost-effective results.
- Reduced Stress and Better Control
When couples mediate, they retain decision-making power that they otherwise wouldn’t. Courts in Virginia have a certain lens through which they must decide their cases. In mediation, couples are free to develop creative and unique solutions to their individual situations. Consider, for example, the marital home. In a litigated case, the court would order either the sale of the marital home or an equity buyout—both of which would happen very soon after the Final Order of Divorce is entered. In mediation, couples often come up with solutions that work better for them—for example, an equity buyout which occurs in installments over a certain number of years.
Litigation is stressful. In addition to the stress of a marriage breaking up, litigation involves discovery, including interrogatories, depositions, and requests for production of documents. During this process, it is not unusual for parties to act in a strategic and adversarial manner. Each party may try to “get” the other. In mediation, by contract, the parties work together to find a solution they both can live with. Although mediation does not take away the stress of the loss of a marriage, it does reduce the tension and in some cases, it can temper the emotions associated with divorce.
At Kales & Kales, we offer flexible scheduling options, including virtual mediation, which is done via Zoom. Prior to the Covid pandemic, all of our mediations were held in-person in conference rooms. At the start of Covid, we were concerned mediation via Zoom would not be effective. We were wrong. So long as both parties keep their cameras on, mediation works well virtually and is often a convenient option. We do understand some people prefer the feel of an in person meeting, and we’re of course happy to meet you in our Fairfax office or our Arlington or Tysons locations.
- Cost-Effective Solutions
According to the American Bar Association, mediated divorces cost 40-60% less than litigated divorces.
All mediations with Kales & Kales, PLC are co-mediations with both Jonathan and Amy Kales serving as mediators. For mediations, we charge $425 per hour. (That is a total, not a per attorney fee). An average mediation, where the parties have minor children, is 2-3 sessions of 2-3 hours each (of course this is an average, not a guarantee), and then we draft your Marital Settlement Agreement. Total mediation costs average $3,500 to $7,500. Additionally, because, when we mediate, we serve as neutrals, we recommend each spouse hire an attorney to review the Agreement we draft for them prior to signing the Agreement, although this not required.
Even with the steps outlined above, mediated divorces tend to cost significantly less than litigated cases. And, as we mentioned above, the lessened mental cost is significant.
- Faster Resolutions
Mediated cases tend to settle faster than litigated cases. In mediation, we do not set discovery deadlines or trial dates, there are no motions hearings, and we do not have to worry about the court’s docket. All of this usually allows mediation to move faster than traditional litigation.
When cases are higher conflict, mediations may extend past our 2-3 session average. We will, of course, take all
Preparing for Divorce Mediation in Northern Virginia
- Financial Preparation
Prior to a first mediation session, we’ll ask you to complete our Financial Disclosure form, which is a comprehensive list of assets and debts. If spousal and/or child support are in play, it makes sense to have an understanding of your projected post-divorce budget. This will help you determine your financial need or your ability to pay support.
- Emotional Preparation
To prepare emotionally for a mediation session, it is important to remember our goal in mediation is to work on the future. It is unlikely you and your soon to be ex-spouse will agree about what brought you to the mediation table; however, when you concentrate on your long term goals as opposed to the past, you’ll be in a better position to reach settlement.
Emotions can run high in mediations as well as in litigated divorces, but effective communication is essential. Deep breaths and thoughtful words will help maintain a spirit of collaboration and civility.
Know where you want to compromise and where you may be more firm. Work with a therapist or counselor if needed to establish your interest and goals.
- Legal Preparation
Prepare questions you may have about property division, support, and child custody. Some mediation clients find it helpful to consult with an attorney prior to a first mediation session or in between sessions.
If you know there is an area of dispute, it can be helpful to gather relevant documentation.
The Mediation Process: What to Expect
- Initial Mediation Session
During your first mediation session with Kales & Kales, PLC, we will provide a brief overview of the mediation process as well as a discussion of administrative issues, like communications and billing. If there are pressing issues or immediate areas of concern, we will dive into them.
- Mediation Sessions Generally
Typical mediation sessions in Northern Virginia include identifying and prioritizing questions to be answered. We will also facilitate information sharing and/or gathering if necessary.
Once we’ve identified our questions to be answered, we’ll dive into the substance of the mediation and begin to generate solution options.
- Post-Mediation Steps
Once an agreement in principle is reached, the mediators will draft your Marital Settlement Agreement. When the draft Agreement is acceptable to both parties, they may choose to review the final Agreement with their individual attorneys.
Once the Agreement is signed and the parties have been separated for the required period of time, which is one year when there are minor children and six months if there are not, the court process may begin. Review our firm’s mediation page for me details regarding that process.
Benefits of Starting Mediation in Early 2025
- Initial Mediation Session
During your first mediation session with Kales & Kales, PLC, we will provide a brief overview of the mediation process as well as a discussion of administrative issues, like communications and billing. If there are pressing issues or immediate areas of concern, we will dive into them.
- Mediation Sessions Generally
Typical mediation sessions in Northern Virginia include identifying and prioritizing questions to be answered. We will also facilitate information sharing and/or gathering if necessary.
Once we’ve identified our questions to be answered, we’ll dive into the substance of the mediation and begin to generate solution options.
- Post-Mediation Steps
Once an agreement in principle is reached, the mediators will draft your Marital Settlement Agreement. When the draft Agreement is acceptable to both parties, they may choose to review the final Agreement with their individual attorneys.
Once the Agreement is signed and the parties have been separated for the required period of time, which is one year when there are minor children and six months if there are not, the court process may begin. Review our firm’s mediation page for me details regarding that process.
Conclusion: Your Fresh Start in 2025
Starting divorce mediation in early 2025 positions you for a successful transition to your next life chapter. The process offers a structured, supportive environment to make informed decisions about your future. In Northern Virginia, Kales & Kales, PLC stands ready to help you navigate this journey with dignity and respect.
Taking the Next Step
Contact Kales & Kales, PLC to learn more about divorce mediation services in Northern Virginia. Let us help you start 2025 on the right foot.