MEDIATION

The mediation process

 

Mediation is the simplest and most cost effective method for resolving issues in a divorce. The goal in mediation is to develop solutions that meet as many of the needs of the parties as possible. The mediation process involves hiring a neutral third party facilitator who helps parties reach a settlement outside of the Court. Although parties may attend mediation with or without an attorney, we find that clients reach faster and more favorable settlements when represented by counsel at mediation. When clients would like to pursue a settlement through mediation, we act as their “mediation partner” by educating them about the law, the mediation process, and the court process.

Many courts routinely require divorcing parties to participate in mediation turning to the Court to make decisions for them. At Willoughby & Associates, almost every case will go to mediation. Mediation is not an alternative to the divorce process; rather it is part of that process. As your mediation partner, the attorney can provide the parties with tools to reach rational and cooperative solutions to their problems.

Advantages of Mediation

  • It is less costly, both financially and emotionally
  • Promotes a mutual win-win objective for both parties
  • Parties, rather than the Court, make decisions on resolution
  • The process is confidential
  • Aids the parties in working cooperatively and constructively at the present and in the future
  • Teaches parties to be able to work together to co-parent their children during and after divorce
  • The divorce can be conducted amicably

Divorce mediation is most effective if both parties recognize the importance of cultivating a cooperative post-divorce relationship and want to reach a fair agreement.

Resources

Recommended Mediators

 

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Mediation usually results in the most favorable outcomes for both parties, and sets the stage for cooperation moving forward.