Mediation
One low-conflict option that our firm offers is mediation. How is mediation
different from traditional litigation or Collaborative Law?
- The parties commit to work with one another directly to reach a settlement
of their issues.
- The mediator acts as a neutral guide through the process to help
the parties:
- Identify the issues of concern to each of them and the needs
that each of them has.
- Gather and analyze the information they need to fully consider
and make educated decisions that they feel are right for their family.
- Brainstorm possible options for resolution of their issues.
- Formulate an agreement that is acceptable to both parties.
- The mediator does not represent either of the parties and cannot
give legal advice.
- The parties are encouraged to have independent attorneys for consultation
about their legal questions.
- Mediation provides an opportunity to those families with a desire
to have control over and responsibility for the resolution of their
issues to reach a fair agreement, as the parties themselves define it,
without the use of attorney intermediaries as in traditional litigation.
- The parties can use more creative and personalized problem-solving
than the restrictions of the law and the traditional court process permit.
- When the parties reach a tentative agreement that they feel is fair,
the mediator prepares a written summary of those terms.
- The independent attorneys chosen by the parties then create a final,
binding contract incorporating those terms and proceed with any necessary
Court processes to finalize a divorce or to obtain the entry of any
Court Orders to which the parties have agreed.
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