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Mediation in The Days of COVID-19: Legal Updates
Many of you were in the midst of Court proceedings, whether in a Custody matter, a Divorce (division of property) or a Support/Alimony/APL matter. Then… BANG: Courts were closed and there is now no access to Justice. Not only are Court’s closed, but there is no real end in sight. Simply put, we just don’t know when traditional Court access will again be available.
So, what’s a person, or two people, to do in the interim? Wait for Court to open??
We offer Mediation as a rational alternative to the status quo. This Alternative Dispute Resolution (also known as “ADR”) process will allow you and the other party in your dispute to continue discussing and, with the aid of a trained and experienced Mediator, put your eventual agreement in writing and ready to file with the Court, when access to the Court is again available.
Mediation is available even if you are in the middle of a legal process in Court and even if you are represented by a lawyer. Your lawyer, if you have one, cannot now mediate your dispute. He or she is conflicted out of mediating between you and the other party, since your attorney is representing one side: You. A Mediator represents no one; his or her job is to assist you and the other party in attempting to resolve your matter, which previously was a dispute to be handled in Court.
What are the benefits of Mediation in today’s unprecedented environment?
1.You don’t have to wait for the Court to re-open to settle your dispute: Right now, we have no idea when Court will resume. You can resolve your dispute and put it in writing now.
2.People who settle themselves are more likely to comply with the Agreement:
Studies show that people who resolve disputes by negotiation and mediation are more likely to comply with the terms. There is less contempt in cases of self-resolution, than with Court imposed Orders.
3.Mediation is less expensive than going to Court: There is no question about
this statement. Not only is resolution possible now, it will cost you less money.
4.Mediation is a faster process: If you wait for Court to reopen, you will have
that period of time to wait. Then, the longer Court is closed, the longer it will be before you are in Court. Suffice it to say that it could be many months, after the Court opens, before you will be in front of a Judge or Master.
Please also know that all Mediators are not created alike. Only few Family Lawyers have
been trained to be Mediators, though many advertise themselves as Mediators. Ask the person you are considering if that person is trained. Ask how they were trained. The minimum proper training the person should have, is the Forty Hour Mediation training. In addition, we’d suggest many years of practicing Mediation, as well as advanced Mediation training.
Mediation is an art. It is learned through intensive training and many years of experience. We have been providing Mediation services in Family Law for over twenty-five years. Please contact us for more details.