Mediation
MEDIATION
WHAT IS MEDIATION?
Mediation is a process in which a third person assists the parties to reach agreements in a cooperative and informed manner. It is essentially a Negotiated Divorce™ achieved with the guidance of a skilled professional.
WHEN IS MEDIATION AN OPTION?
Mediation is an option for any case in which the parties sincerely want to negotiate a resolution to their family law matter. Even parties who are in the middle of litigation and represented by attorneys can decide to mediate without negatively affecting their case. Mediation is often the best option for people of faith.
IS MEDIATION CONFIDENTIAL?
Mediation is generally confidential. With limited exceptions, discussions and materials developed in mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement.
WHAT IF I DON'T AGREE?
Nothing can be imposed on you in mediation. Each party has a veto over each and every provision of any mediated agreement. The consequence of not agreeing in mediation is that the dispute will have to be resolved another way--most likely through litigation.
WHAT IS THE MEDIATOR'S ROLE?
A mediator is a third party neutral who does not represent either party as their attorney. Rather, the mediator assists the parties in finding and formalizing agreements that meet the needs of both parties. Mediators further assist the parties by preparing the paperwork needed to file and formally complete their divorce or other family law matter.
WHY IS MEDIATION BETTER?
Mediation often has a number of advantages over proceeding with a litigated family law case. Mediation almost always is less time consuming, more economical, and far less stressful than litigation. Because the parties did not have solutions imposed upon them other than by their own informed agreement, the parties are more likely to comply with the agreed terms. Such stability can be especially important when the parties have children or for those eager to have a fresh start.
WHY USE JB DATH MEDIATION?
While a mediator does not act as the attorney for either party in the mediation process, practiced knowledge of family law is indespensible to your mediator being able to help you reach and formalize proper resolution. Your mediator also needs to be someone who:
- Makes you feel completely safe to express your needs.
- Promotes clear understanding.
- Develops a variety of viable options.
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Resolves deeply personal issues without judging you.
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Forges agreements on complex financial matters.
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Minimizes conflict and promotes positive solutions.