Mediation is a dispute resolution process that has been utilized in Family Law for decades.
I have been Mediating Family Law issues for over 25 years.
Mediation is a dispute resolution process that has been utilized in Family Law for decades.
I have been Mediating Family Law issues for over 25 years.
In mediation, the Mediator does not provide legal advice to the parties, but acts as an independent person, who assists the parties in reaching an agreement in their dispute. Since the mediator is independent and does not provide legal advice, each person has the choice of engaging their own attorney, to advise them through the Mediation process if they wish. Also, if neither of the parties chooses to hire an attorney, there is no requirement in Mediation that they do so. The attorneys, if hired, do not attend the mediation sessions.
In Collaborative Law, each of the parties hires their own collaboratively trained attorney to represent them in the process. This person provides advice and attends all Collaborative sessions, together with the selected Team, if any.
Unfortunately, not all persons are candidates for a Mediated process or Collaborative Law. People who are seeking to strike out at the other party, “hurt” the other party financially, seek revenge for some actual or perceived wrong, or have other negative motivations or intentions, do not do well in a Mediated process or Collaborative Law.
Mediation sessions are generally two hours per session in our Office and are paid for in full once each session is completed. Work which may be performed between sessions, by the Mediator, are billed on a monthly basis and paid separately. Once all Agreements are reached, the Mediator requests a retainer from you and your partner/spouse and prepares the Agreements, at an agreed upon hourly rate.
The Mediator serves as a facilitator of discussion and as a person who assists the parties in resolving dispute. Generally, the parties feel empowered by the process, as they alone determine their future and their children’s future, if appropriate, rather than having a decision decided by a Judge, who may not spend more than a short period of time with the parties in Court. The Mediation process is much less contentious than a litigated process and promotes a positive continuing relationship between the parties, which litigation certainly does not.