Divorce Resolution With Dignity

The goals and reasons to pursue Mediation are similar tothe Collaborative Law in that it seeks an informal resolution to the family conflicts by the parties without the intervention of a family law judge in a non-adversarial setting. However, one difference is that theparties meet with a neutral third person - the mediator - attorneys are not directly involved in these discussions. The mediator impartially assists you and your former partner in making decisions about your family.

Mediation must be voluntary. Each party, however, is encouraged to retain their independent counsel for guidance on legal issues, clarification of issues and possible choices, as well as answering questions about the confusing aspects of the family law judicial process. Again, similar in nature to Collaborative Law, Mediation provided the opportunity for you to be actively involved in resolving the crisis in everyone's best interest. The mediator DOES NOT make the ultimate decision for you, but is the facilitator between you and your former partner in moving toward an amicable and beneficial agreement.

	WHAT ARE THE GOALS OF MEDIATION? To help the parties to reach their own acceptable agreement by fully exploring all choices. To avoid the need for a court-imposed decision. To assist the parties in understanding the terms and future impact of their agreement To prepare the parties to anticipate, work through and resolve disagreements that might arise To reduce anxiety and the negative effect of going to court. To assist in the continued well-being of the family and children
	ADVANTAGES OF MEDIATION Provides an opportunity for concern and cooperation between the parties. Provides the parties with the tools to structure an agreement in their best interests. Minimizes the potentially traumatic emotional and psychological effects of the adversarial process on parties and children. Minimizes competition, which can add to the family's pain and anger. Helps wit the exchange of information, ideas and alternative for settlement between the parties. Provides the opportunity for a resolution which is less expensive and time consuming than a court trial.
	HOW MEDIATION WORKS The mediation process being either with a court order or an agreement of the parties. The mediator, as a neutral and objective participant, play an active role in the mediation process by assisting the individuals affected by the outcome and their attorneys, if any, in reaching a settlement. The mediator's purpose is to help identify issues, develop bargaining proposals and aid negotiations with the goal in mind of coming to a settlement best suited to the family's needs. The mediator clarifies and organizes, prompts discussion and cooperative communications as well as manages conflict. The mediator DOES NOT make any decisions for the parties but helps with the parties own decision making processes. After an agreement has been reached, the mediator will draft a memorandum of understanding to be reviewed by the parties and their attorneys.
	ROLE OF ATTORNEYS Mediation is not supposed to replace an attorney experienced in the area of marriage dissolution law for each party. Each party is urges to seek independent legal counsel because, although some mediators are attorney's, the mediator is not authorized to give legal advice. The Mediator's role is neutral and not a substitute for independent legal advice. The mediator does not represent either party, but focuses on helping the parties reach their own agreement. While the decisions reached in mediation are made by the parties, it is important that they be informed voluntary decisions. Attorneys may attend the mediation. The parties at all times are permitted to communicate with their lawyers. IF both parties are aware of their respective legal rights, and have been fully informed by their own attorney, the mediation process can be much more beneficial. Upon completion of the mediation, the mediator will submit the memorandum of agreement to the parties and/or their attorneys. If necessary, the attorneys will draft a settlement agreement from the terms of the memorandum for filing with the court. COST OF MEDIATION The mediator's fee is usually quoted on a hourly basis. Both parties are encouraged to share in the expenses. When mediation is court-ordered, the fee and person responsible for payment may be set by the court, or the parties and mediator may agree on a fee. Family mediation may be available through the court at a minimal cost in some areas. If the parties are unable to pay, financial assistance may also be available. Mediation frequently is less expensive, both financially and emotionally, than traditional litigation. CHOOSING A MEDIATOR In choosing a mediator, as with any professional the individual should pick someone with whom they can establish a good working relationship. Mediators are professionals who have gone through intensive, specialized training in the area of family medication. You should be certain that the mediator you choose has been certified as a Family Mediator. Contact you local administrator for further information.