Reaching mutual decisions without the courts
Mediation is a voluntary process through which a client makes decisions together with his or
her spouse or significant other based upon an understanding of the client's views, the spouse’s
views and the reality the parties face. A professional mediator facilitates the parties'
discussions but does not give legal advice or make decisions. The mediator may, however,
make suggestions of how the various issues in dispute can be resolved.
How Mediation Works:
The parties, with input from their attorneys, meet with the mediator to identify issues,
complete the exchange of information if necessary, and to use non-coercive problem-solving
techniques to come to an agreement.
The parties can be supported in or out of the meeting room by consulting lawyers, financial
and estate planners, accountants, insurance advisors, therapists and other family members.
Family-centered conflicts that can be resolved through mediation include:
- Separation & divorce
- Parenting & visitation
- Division of assets & liabilities
- Spousal & child support
- Paternity actions
- Pre-nuptial and post-nuptial issues
- Parent-teen conflicts
Benefits of Mediation
- The client sets the pace. The process can move as quickly or as slowly as the parties
choose and the client is not restricted by the availability of a court calendar.
- The involvement of the court is minimized. Everyone agrees to reach an agreement
outside of a courtroom.
- The parties create workable solutions. The process gives the client the freedom and
opportunity to craft more creative solutions than are available through courts.
- The parties remain in control. In a typical scenario, the court imposes a solution it could
also assign to hundreds of other families. Through mediation, the parties hand craft a
resolution that will work for both of the parties and their children.
- The parties save resources. Mediation is generally less costly and time-consuming than
- The parties enjoy confidentiality. Proceedings remain private.
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