What Is Mediation?

There is a better way to settle differences than a costly courtroom battle. You can control the decisions that affect your family, your finances, your business and your life through mediation, a voluntary settlement process.  A mediator is an impartial person who helps people in conflict make practical, informed decisions to resolve the issues before them.

HOW DOES MEDIATION WORK?

The mediator helps people examine their situation in terms of their needs and interests.  Relevant information is gathered which may include budgets, business records, tax returns, property valuations, and the needs of each child.  Settlement options are developed and discussed to be sure they meet everyone’s goals fairly.  Decisions are made by the clients, which allow each of them to realize positive results.

WHAT ARE THE BENEFITS?

While the primary goal of mediation is to reach agreement, mediation also:
-     promotes communication and cooperation;
-     allows you to control the decisions that affect your life;
-     is typically less costly than litigation;
-     benefits children by reducing conflict;
-     is confidential, thus avoiding public disclosure of personal problems;
-     can be completed in less time than litigation, so you can more quickly move ahead with your life.

DOES MEDIATION WORK FOR SEPARATING COUPLES?

Separation is sometimes used to give a couple a chance to get a better perspective on their relationship.  Mediation can help create a custom-made separation agreement with provisions that meet each partner’s needs.  Interpersonal and financial issues are often included in the mediated separation agreement.

WHAT IF THERE IS A DECISION TO DIVORCE?

People trying to keep their lives under control during this difficult time can realize great benefits from mediation.  Mediators help families resolve conflicts involving custody, parenting arrangements, child and spousal support, and property and debt division.  Mediators help couples separate their spousal roles, which are ending, from their parental roles, which are continuing.  Clients learn to evaluate their present financial condition and to provide for their future financial needs.

With the mediator’s help, temporary agreements can be reached to handle immediate concerns.  Couples may then negotiate long-range agreements.  After attorney review, the agreement may be entered as a court order or decree.  Research show compliance with mediated agreements is higher than with court-imposed judgments.  The result is less post-divorce litigation.

CAN MEDIATION HELP DIVORCED PARENTS FACE
CHANGING CIRCUMSTANCES?

When post-divorce modifications are needed, parents welcome having a safe, impartial environment to discuss parenting and support issues.  When appropriate and desired, mediation may also include other important persons in a family, such as stepparents.

WHAT ABOUT HABITATION AND NUPTIALAGREEMENTS?

Mediation provides an atmosphere conducive to mutual trust in which is it easier to communicate concerns about the future and to protect legal rights.  A good nuptial or habitation agreement can avoid misunderstandings and conflict during marriage or other shared residential arrangement.

CAN MEDIATION HELP BUSINESS?

Family and other small businesses may fear public exposure of difficulties. Mediation offers participants an opportunity to resolve conflicts in a private and confidential setting.  The mediator has no decision-making power.  All decision-making power is retained by the principals of the business.  Short-and long-term goals are carefully considered.  The results are constructive for the individuals involved and for the business as a whole.