Mediation Consulting

MEDIATION CONSULTING

During mediation a party may want to have their own counsel to discuss the mediation process (see below), as well as have someone who can explain the process in more detail than one may receive during mediation. A party may have questions that they do not want to discuss at mediation, for a variety of reasons, and having someone you can discuss any issues with confidentially is extremely helpful and assists in reducing any stress that may exist. A mediator may not ask questions that could impact one party's rights/interests. This may be because the parties have not raised an issue because they did not realize the impact of choices and decisions that were made many years prior.

Parties can agree to have their own counsel at mediation with them or behind the scenes. Discussing the issues and analyzing options with their counsel outside of mediation is extremely helpful and beneficial. Running through a variety of options to achieve the best and optimal outcome for clients is our goal. We want our clients to understand the process and how each decision impacts the issues and how the law impacts those issues. We can walk you through the process and be the ultimate sounding board for you at the most crucial of times.

MEDIATION - WHAT IS IT?

Family mediation is a voluntary and confidential process that helps individuals or families resolve disputes and reach mutually acceptable agreements with the assistance of a trained mediator. It is often used in family law cases, such as divorce, separation, child custody, or property division.

During family mediation, the mediator acts as a neutral third party who facilitates communication and negotiation between the parties involved. They help create a safe and respectful environment for discussions, ensuring that each person has an opportunity to express their concerns and interests.

The mediator helps the participants identify the issues in dispute, explore possible solutions, and assist them in generating options for resolution. They may provide information about relevant legal aspects, but they do not provide legal advice. The focus of family mediation is to help the parties find mutually agreeable solutions that consider the best interests of all involved, particularly any children.

Family mediation is known for its benefits, such as promoting effective communication, reducing conflict and hostility, preserving relationships, and empowering the parties to make decisions that are satisfactory to all. It offers a less adversarial and more cooperative approach compared to traditional court processes, allowing the parties to maintain control over the outcome.

It is important to note that family mediation is not suitable for every situation, especially in cases involving domestic violence or extreme power imbalances. In such instances, alternative dispute resolution methods or legal avenues may be more appropriate.

Overall, family mediation provides an opportunity for parties to work together to find mutually beneficial solutions, fostering a more peaceful and cooperative resolution to family disputes.

MEDIATION - WHAT MAKES IT ATTRACTIVE TO PARTIES?

Couples may prefer mediation for a variety of reasons. Here are some common factors that make mediation an attractive option:

1. Voluntary and collaborative process: Mediation is a voluntary process, meaning that both parties must agree to participate. It promotes a cooperative environment where couples can actively engage in the resolution of their issues. Unlike court proceedings, where decisions are imposed by a judge, mediation allows couples to have a say in the outcome and work together to find mutually agreeable solutions.

2. Control over the process and outcomes: In mediation, couples have more control over the decision-making process. They can discuss their needs, interests, and concerns openly and directly with each other. This allows them to explore creative solutions that may better meet their specific circumstances and priorities. By actively participating in the decision-making process, couples often feel a greater sense of ownership and satisfaction with the outcomes reached through mediation.

3. Preservation of relationships: Mediation aims to minimize conflict and promote better communication between couples. By working together in a cooperative manner, couples can often maintain more positive and constructive relationships, which is especially important in cases involving ongoing co-parenting responsibilities. Mediation can help reduce animosity, promote understanding, and lay the foundation for healthier post-separation dynamics.

4. Privacy and confidentiality: Mediation is a confidential process, which means that discussions that take place during mediation are not disclosed to others without the participants' consent. This confidentiality can provide a safe space for couples to have open and honest conversations about sensitive issues without the fear of public exposure.

5. Time and cost effectiveness: Mediation is generally a faster and less costly alternative to litigation. Couples can schedule mediation sessions at their convenience, without being bound by court schedules. The streamlined process often results in shorter timeframes for resolving disputes, reducing legal fees and expenses associated with lengthy court proceedings.

6. Reduced stress and emotional toll: Mediation offers a more amicable and less adversarial approach to dispute resolution. The mediator helps create a supportive environment where couples can express their emotions, be heard, and work towards finding common ground. This can alleviate the stress, anxiety, and emotional strain that often accompany traditional courtroom battles.

However, for couples willing to engage in constructive dialogue and collaboration, mediation can be an empowering and effective method for resolving their disputes.