Mediation is quickly becoming a preferred method for resolving family court cases. Most family law matters cannot be resolved with a simple answer. Unfortunately, many times when you litigate, you receive an order that doesn’t actually address all of your underlying issues presented to the court. Your case deserves proper time and attention. In order to effectively work through problems everyone involved must be willing to dedicate the effort necessary to reach the best resolution possible. A courtroom cannot always provide this to people. Even with an attorney by your side in court, many times the courtroom experience is not pleasant. Courthouses are overpopulated and are overscheduled. Often times people wonder if there is a better way. There is. Mediation is an alternative to the litigation process that aids in negotiation and settlement, keeps parties’ goals at the forefront of the process, and allows parties to move through the court system with more efficiency than traditional litigation.
Mediation is quickly becoming a preferred method for resolving family court cases. Most family law matters cannot be resolved with a simple answer. Unfortunately, many times when you litigate, you receive an order that doesn’t actually address all of your underlying issues presented to the court. Your case deserves proper time and attention. In order to effectively work through problems everyone involved must be willing to dedicate the effort necessary to reach the best resolution possible. A courtroom cannot always provide this to people. Even with an attorney by your side in court, many times the courtroom experience is not pleasant. Courthouses are overpopulated and are overscheduled. Often times people wonder if there is a better way. There is. Mediation is an alternative to the litigation process that aids in negotiation and settlement, keeps parties’ goals at the forefront of the process, and allows parties to move through the court system with more efficiency than traditional litigation.
Many people have heard about mediation; however, few understand the mediation process. Mediation is beneficial to people going through a divorce, and more importantly, mediation is beneficial to the whole family unit. If you are reading this you may be involved in a pending custody, dissolution or post judgment matter and have already been exposed to the backlogged court system. There are too many cases for the court system to handle in an efficient and expeditious manner. Mediation is a solution. Mediation provides parties with the proper tools to assist you in reaching a negotiated resolution.
Why mediate? When you commit to mediation, you maintain more control of the process. Both parties are able to choose the mediator they work with, the date(s) and times for mediation, and the goals for each session. The parties receive the mediator’s undivided attention. Your case remains private instead of discussed in an open courtroom or in the hallways outside of court. While in mediation you are not limited by the rules of evidence. Simply put, you can speak normally and tell your story. Not confined by rules of evidence or limited in creative solutions, a mediator is there to work with the parties and assist them in reaching a fair resolution. It is important to understand that the process and the outcome are directed by the parties, not the court.
Your mediator should be an experienced family attorney who understands the court system, has experience with cases such as yours, and can explain what is needed to bring the parties closer to an agreement. A mediator is a neutral third party, trained to facilitate a fair resolution. Mediation can occur with an individual mediator or a team of mediators. Depending on your individual situation, you can discuss what type of mediation approach works best for you. Mediation is non-binding. A mediator cannot force either party to enter into an agreement nor can a mediator enter orders. Most importantly, you must feel comfortable with your mediator.
Why should I consider mediation? Mediation is for any litigant who either intends on filing a motion with the court or has already filed a dissolution, custody matter, or post judgment motion. Mediation allows the parties to work through their disagreements, or any portion thereof. A case does not have to be complex to be mediated. In mediation, the exact needs of the parties can be met by exploring options outside of the “go to” solutions. Sometimes the easiest answer isn’t always the best answer. For example, a mediator is able to work with the parties in reviewing their finances in depth and incorporate information from sources that may not necessarily be presented to a judge. If litigants have information from third parties, such as the parties’ financial planner or accountant, this information can be used as an aid in creating a settlement. The key to mediation is allowing the process to work for you.
When is mediation useful? Mediation can begin prior to parties filing an action with the court, or at any point throughout the litigation process. Mediation is most commonly used to work through a final divorce, with the mediator assisting the parties on all areas of the dissolution. However, mediation can also be used to address specific issues. Mediation can be used to reach temporary resolutions. Essentially, anytime there is an impasse, mediation is helpful. Mediation is a great resource to resolve specific issues.
Is mediation just for divorce? No. This is a common misconception. Any case that is before the court can be mediated, whether it is during the initial proceeding or to address issues that may arise after the divorce or custody judgment. Any portion of a case can also be mediated. If a specific issue, such as child support or alimony needs to be addressed, that issue alone can be addressed through mediation, without waiting months for a hearing in front of the judge. Mediation can be appropriate to address temporary issues while a divorce is pending. If parties need to determine temporary orders while working through a dissolution, mediation may be the most efficient and effective way to do so. Any agreement that is reached during mediation will need to be submitted to the court for approval by a Judge in order for it to become a final order.
What are the benefits of mediation? Mediation is a less stressful process for the parties. Mediation is also less stressful for the family unit as a whole. When divorce is approached from a solution-based mindset, it lessens the stress of the process. Mediation sessions cater to the individual needs of the parties. There are a diverse number of tools that can be used through mediation to reach results that work for the family. Your case is important. You want someone who is able to spend time on the details and work with parties towards a fair and reasonable outcome. Mediation allows parties to be creative with solutions.
The mediators at Reich & Truax are the right fit for your mediation
At Reich and Truax, PLLC, we offer a diverse group of attorneys who focus their practice on all aspects of family law. Our attorneys are trained and certified in mediation. Most importantly, we love what we do and we feel strongly about fair and complete resolutions that work for the family unit.
Since we represent diverse sets of clients, and have experience in all aspects of family law, we are able to bring an unbiased approach to mediation. Our mediators can explain pros and cons to every situation. We understand your positions, and by having extensive experience in representing families just like yours, we bring unique insight into the process and work through available solutions. Our firm focuses on high asset dissolutions and financially complex matters, so we are well equipped to provide the attention and detail necessary to work through specific financial matters. At Reich and Truax, PLLC, we will be able to work through your matter with you and make suggestions to develop the best mediation service for your case. We are available to work individually or in a team. Our goal is always focused on getting the parties the best agreement possible. The best solution is always one that has the least negative impact on the family unit but still allows the parties to individually prosper.
