With the right mediator a case can settle without ever entering the courtroom
We believe that with the proper information and facilitation, people in conflict can take control of their own lives and settle their disputes with dignity. We allow each person the time to share their view and feelings regarding the situation at hand. With the use of our legal knowledge and experience, we enjoy helping people resolve their differences and move on to the next chapter of their lives. We use a full toolbox of techniques to resolve issues, not just a single mediation approach. This puts us in a unique position to handle even the most high conflict matters.
Court proceedings and litigious attorneys polarize the parties, generate unnecessary fees and costs, and cause emotional stress. Parties leave the process feeling emotionally exhausted and helpless. Our firm provides mediation services as a cost-effective alternative to contentious court proceedings over property and support. The parties agree to mediate a settlement on all or part of the issues with the assistance of a neutral mediator. After an agreement is made, we will prepare the papers for filing with the Court.
The mediator remains neutral between the parties. He or she cannot give advice to either party, and also cannot act as a lawyer for either party. The mediator points out to both parties the things that each of them should be aware, the strengths and weaknesses in their positions, and proposes possible outcomes and solutions. Our single goal is to help the parties jointly resolve the case in a safe, private environment.
Mediation is voluntary. It continues only so long as the parties and the mediator want it to. You or your spouse can withdraw from the mediation process at any time, for a good reason, a bad reason, or no reason at all.
Mediating couples are more likely to be satisfied with the process and the results, likely to spend less money to resolve the case, and are less likely to go back to court later to fight. The primary advantage of mediation is that it keeps the parties in control of the outcome rather than gambling on what the Court will or will not do. It allows the parties to work through the divorce with less conflict than you would experience in an adversarial divorce.
In short, the benefits include:
Mediation is also a great way to have an experienced divorce professional assist the couple if the divorce is amicable and they simply need assistance with efficiently handling the divorce process and obtain a judgment.
Parties do not walk into mediation unprepared and attempt to settle things from scratch. Part of our planning is to work with the parties and/or their lawyers to design the process itself. If attorneys are involved, we encourage them to sign a “disqualification agreement.” Under this agreement the attorneys in the mediation process agree not to litigate.
Unless the parties create a different process, generally, the parties and mediator meet to go over the court papers necessary to obtain a judgment in a divorce, such as, the Petition, Response, Preliminary Declaration of Disclosure, and Judgment papers.
The parties and mediator review each parties’ interests and positions in the case. They work together to resolve the case on mutually satisfactory terms.
The parties and mediator jointly create a summary memoranda or term sheet which summarizes the agreement. It is non-binding.
Each party will have the opportunity to review the tentative agreement individually and by legal counsel.
If the parties agree to all of the terms of the tentative agreement, then we can prepare the final settlement agreement for the parties, or the parties can have their legal counsel prepare it.
After Agreement is reached, our office will prepare all court papers, deeds and other documents. We offer parties the opportunity to have lawyers and other professionals participate.