DIVORCE & FAMILY

Mediation offers a better way to resolve personal disputes privately and confidentially, with resolutions which satisfy the needs and interests of both sides. It is far and away the most cost-effective resolution tool for divorce.

Timing. Mediation may also be used to resolve disputes before, during or after court proceedings. Mediation is most cost effective when employed before going to court.  While it cannot eliminate court proceedings altogether in divorce cases, it can do so in most other types of disputes. It is often used before and during divorce and custody disputes and to resolve disputes over inheritances, family businesses and guardianships for incapacitated adults.

Flexibility.  Not all mediation processes are the same. Mediation allows parties the flexibility to reach an agreement acceptable to all parties. Below are just a couple of examples of how mediation allowed parties to settle disputes fast and to the satisfaction of both parties.

Can you give me examples of what I might expect?

Divorces. Couples going through a divorce can use a a mediator as a neutral moderator, someone above the fray, to assist them in sorting out the list of issues which must be resolved as part off the divorce process. Usually these issues arise at the beginning of a divorce, but sometimes they don’t surface until children are older and their needs change or one parent wants to relocate. Couples often find mediation helps them quickly navigate the issues of asset division, custody and parenting time.

One attorney recently wrote to another, recommending our services and said: “Bob has a way of bringing parties together and reaching a resolution, even where both sides go into the mediation believing there is no hope for a resolution.”

Elder Care & Guardianship. As our population ages, more and more adult children are being called upon to assist their aging parents. In families, parents and children often disagree on the best ways to meet their parents’ needs. Without the aid of a neutral third party, old sibling rivalries may make it impossible for siblings to agree with their parents and one another on what’s best for mom or dad.

A trained mediator can help “keep a calm environment in a highly emotional time. He helped state facts and dealt with feelings on both sides.”~ Comments from a recent adult elder care mediation participant.

Will Disputes. Occasionally there are circumstances where one child receives more than another under a will or trust. Or a new spouse seems to be cutting out the children of a prior marriage. Mediation helps resolve these issues with minimal expenditure of time and money so everyone can put their loved one’s death behind them and get on with living.

In a recent dispute we mediated, thirteen heirs attended the mediation. On one side of the table sat all of the aunts and uncles. On the other, the grandson and granddaughter-in-law who lived with and cared for “Gramps” during his last years – and inhereited his land when he died. Although it took a while, by 3:00 in the afternoon, everyone agreed on a division of the land Gramps left behind.

Successful. Nationally, about 70% of mediated disputes are resolved in mediation. Although mediators cannot promise a mediated resolution in every case, The Peace Talks resolution rate exceeds the national average.

WHY MEDIATION?

Attorneys often recommend mediation to their clients. It is a sign they think a dispute can be resolved through discussion and they care about their client. Why? 

Faster. The entire process can take as little as an hour and rarely takes more than one day. Complex issues and multiple parties may require more than one session.

Better. Problem solving allows creativity to come forward. It can even be fun! Mediation takes place in private, out of the public eye, and most agreements are confidential.

Cheaper. Mediation costs less than 10% of a trial in a public courtroom, according to a national study.

WHAT IS THE TYPICAL OUTCOME?

Successful. Nationwide, about 70% of mediated disputes settle. My experience has been even better with agreements over 80% of the time.

Insightful. Even in the small number of cases not completely resolved in mediation, key issues are identified and some may be resolved. Just seeing the issues clearly helps parties decide whether to take the dispute to the next step.