 | What is Divorce Mediation? |
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- What is mediation?
Mediation is a type of alternative dispute resolution (ADR). It is a way to resolve a case outside the courtoom, without a trial. The mediator is a neutral party (instead of a judge) who conducts the negotiations and assists the parties in reaching a settlement of all issues. The mediator is in charge of the process and interacts with the parties and counsel and directs the matter to resolution and a written agreement. The agreement is then filed with the court, avoiding litigation.
- Mediation allows parties to construct their own settlement...
As a mediator, I would conduct negotiations between the parties. I have extensive training and experience in conflict resolution. I would make suggestions or recommendations, create options and offer ideas but I would not impose my view of what the agreement should be. The final agreement would be whatever the parties created and agreed upon.
- When can mediation be used?
*Pre-decree. Cases can be mediated from beginning to end. Divorce or dissolution.
*Impasse. Mediation can be used to resolve cases that are already in Court.
*Post-decree. New issues that arise after the case is over can be mediated.
*High conflict. Cases can be high conflict and still be resolved via mediation.
*Blended family problems. All involved parties can engage in mediation.
*Multi-generation disputes. Mediation can address problems among relatives.
*Marital issues. Parties can mediate marital problems and avoid divorce.
- Advantages of mediation...
*Cases can be resolved without involving attorneys directly in the negotiations.
*As an experienced family law attorney, I can provide information regarding legal issues.
*I can assist with the analysis of financial issues in a helpful manner.
*I can help the parties discuss their children and agree upon what is best for them.
*As a family law attorney, I know what the Court requires in a final agreement.
*My role as the mediator keeps the conflict confined so that dialogue is productive.
*Cases take less time to get completed.
- Involvement of Counsel...
The attorneys for the parties can be of great assistance in cases where the issues are complicated. I will include counsel in the mediation where I believe it to be necessary.
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