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MEDIATION

What is Mediation?

What is Mediation?

Mediation is a private process where a neutral third person (the mediator) leads a discussion with two parties with the goal of resolving a negotiation or dispute. The mediator doesn’t solve the issue for the parties, but can help the parties find a resolution that is mutually acceptable.

 

Mediation is especially valuable in family situations of separation, divorce and co-parenting. The legal model for divorce in this country is based on an adversarial system. In a contested divorce, the court process can deplete resources and a judge will make important decisions regarding family and property. In mediation, you keep costs to a minimum and you make mutual decisions regarding property, minor children and moving forward. If you are willing to work together and consider reasonable compromises, mediation can get you through your divorce efficiently and inexpensively. More and more couples are going to mediators before going to attorneys. We can provide you with a settlement agreement that may be taken to your attorney for review and included in your divorce. 

 

Mediation is an excellent option for assisting families through the difficult and usually avoided discussions of estate and end of life planning. We help families navigate logistical issues related to aging and we facilitate and guide the family through those conversations. Family members will no longer have to guess about what will happen. You can have peace of mind knowing that decisions have been made proactively instead of waiting for a crisis to strike.   

Most mediation sessions start with the parties together in a joint session with the mediator. With us, this usually happens remotely by Zoom. The mediator will describe how the process works, explain the mediator’s role and help establish ground rules and an agenda. Generally, parties alternate explaining the situation from their viewpoint and the mediator assists in identifying common ground. Sometimes the entire process takes place in one joint session. Parties may request separate sessions, with the mediator going back and forth between the parties.

 

Parties often ask questions or raise issues about their legal rights and responsibilities. The mediator may assist them in clarifying positions, ask reality-testing questions and provide appropriate legal and procedural information. Mediators may offer resources and experience but may not give legal advice. A mediator may inform the parties about the mediator's experiences with a particular type of case or make known what others have chosen to do in similar situations. Parties are invited to include attorneys in the mediation process.

 

If an agreement is reached, the mediator will write up the agreement to clearly articulate the specifics. If both parties sign, it's enforceable in the same manner as any other written contract.

 

A typical mediation session lasts up to 2 hours.  

Mediation Benefits

  • Avoid Court

  • Confidential

  • Builds Cooperation

  • Convenient

  • Customized Agreement

  • Sufficient Time for Parties to be Heard 

  • Foundation for Future Problem Solving

  • Minimize Stress

  • Personalized

  • Relationship Preservation

  • Time & Money Savings

  • Voluntary

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Benefits
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Case Examples

  • Business

  • Construction

  • Co-Parenting

  • Co-Worker Conflict

  • Custody & Support

  • Elder Care

  • Employment Conflict

  • End of Life Planning

  • Estates

  • Family Disputes

  • Landlord/Tenant

  • Neighbor Discord

  • Prenuptial & Postnuptial Agreements

  • Real Estate

  • Relationship Conflict

  • Separation & Divorce

Case Examples
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