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HOW
MEDIATION WORKS
Participants focus on the issues needing to
be resolved in the settlement of their case. In family law disputes these
may include: division of property and debts; financial support; and custodial
arrangements for children.
All information and documents needed to discuss the
issues are gathered and exchanged in a coordinated and cooperative effort.
The parties identify the areas of agreement and disagreement.
Each will express his or her own needs, and consider options that meet
those needs.
Mediation establishes an informal, cooperative context
where the parties fully and efficiently discuss settlements without escalating
conflict into a contested court case.
Both parties may consult with their own attorneys at
any time. The parties may also cooperate in selection and use of accountants,
appraisers and other advisors.
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THE BENEFITS OF
MEDIATION
- Mediation can be used in many areas of family
law for settlement of divorce, separation, custody, support and modification
agreements.
- Mediation is available any time both parties are willing
to engage in the process, even if they are already involved in a contested
court case.
- Mediation is less expensive than going to court. A
complete mediation process in most cases costs less than a single day
in court.
- Mediation is efficient. Agreements are usually reached
much faster than in the court process. The participants may meet for 2
to 5 sessions.
- Mediation is responsive to urgent needs such as support
and custody arrangements. Temporary settlements can be made while the
parties develop final agreements.
- Mediation is confidential and prevents public exposure
of private family matters.
- Mediation is voluntary. The parties are not forced
to participate or submit to any unacceptable resolution.
- Mediation is effective because settlements based on
mutual satisfaction and voluntary agreement will, more likely, be honored
by the parties.
- Mediation is especially useful to parents facing separation
or divorce, who need to maintain a positive working relationship.
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THE ROLE OF THE MEDIATOR
- Focusing the issues and coordinating
information and document gathering.
- Helping each party identify
his or her own needs, evaluate options and develop solutions.
- Staying neutral, by keeping personal opinions out
of the decision making process.
- Giving both parties a neutral explanation of how family
law may apply to their case.
- Facilitating access to consulting attorneys, accountants,
appraisers and other advisors.
- Preparing settlement documents and forms for court
approval, if necessary.
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