Mediation is efficient and effective. When two parties share a common goal of wanting to reach a solution for pending issues, mediation is extremely beneficial. A successful mediation session begins with identifying the issues that need to be addressed and ends with a written agreement by the parties. Instead of wasting time in court waiting to be heard, when you are scheduled for mediation, from the moment you walk in, the parties, attorneys, and mediator(s) are focused on your case.
Mediation is more than a substitute for a divorce trial. Mediation can be used for any matter that can be litigated. Mediation can be narrowed and focused only on a few elements of a case or can settle every disagreement. Mediation allows the parties to explore alternatives that may not have otherwise been considered in litigation.
Mediation is cost-effective. While mediation is a financial commitment, it is not as expensive as litigation. The intention of mediation is to resolve issues without the need for litigation. This shields the parties from spending considerable amounts of time in court, waiting, without any progress.
Mediation allows parties to explore options that work for their family. Mediation is a process that allows parties to explore different options and possible solutions through the mediation process. A successful mediation brings parties’ positions closer together. Parties do not need to have a solution or agreement prior to beginning mediation. In fact, mediation has a component of brainstorming and analysis. It is better to come into mediation with an open mind and not focused on one particular solution.
You are not required to have an individual attorney in order to mediate. Many parties have their attorneys present at mediation. Attorneys attend mediation sessions with their clients and help facilitate the mediation process. If parties do not have attorneys, often times they are advised to retain “review” counsel, as all agreements should be reviewed by an attorney prior to entering a final agreement. However, parties that do not have attorneys can also mediate their issues. An attorney isn’t required in order to “qualify” for mediation.
Mediation does not impact the litigation process. Mediation can occur concurrent to litigation. You can, but do not have to, mediate prior to filing for divorce. While the court is made aware the parties are attempting to mediate to resolve their issues, it does not prevent parties from moving forward with hearings and further litigation, as may be necessary.
Parties are not required to have open communication in order to engage in mediation. While it is helpful to communicate, the parties do not need to have great communication when entering into mediation. There is a mediator present who helps the parties work towards a resolution, even if the parties themselves are not speaking. Many times, during the mediation session the parties are kept separate and meet with the mediator alone.
The litigation process continues even when parties mediate. Mediation does not impact the litigation process. If the parties are close to a resolution through mediation, they can jointly request more time before they are before the court. The preparation required for mediation and the scheduling of the mediation session(s) typically are completed in a more expeditious fashion than the court system.
You need a mediator who is well-versed in the issues being discussed. While anyone could potentially serve as a mediator, family matters are sensitive and fact specific. You want someone experienced in family law and who knows the inner workings of the court system. You also need someone who is trained in mediation and has experience as a mediator. You do not want a mediator who tells you what to do. You need a mediator who will listen to you and work through your issues in order to reach a mutually agreeable resolution.
Mediation is full of benefits. Mediation removes the pressure of litigation. Many times, mediation opens up dialogue between parties and allows exploration of topics and ideas that would not have otherwise been brought up. In most cases mediation is less expensive than litigation. The biggest benefit to mediation is that the parties are able to control the process. They are able to feel secure in a comfortable setting while attempting to work through the most important issues of their lives. Mediation provides parties with the attention they deserve.
How our mediators can help you
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.
