Mediation is an alternative dispute resolution process that allows parties to settle their differences with the assistance of a neutral third party (the mediator) rather than seeking a negotiated resolution through their attorneys or a litigated resolution through the court system. Mediation has become a very effective and popular means to resolve issues that arise in the domestic relations realm.
Mediation offers many advantages over litigation. The primary benefit is the ability of parties to resolve their differences without undergoing an adversarial and acrimonious court case. Mediation offers an environment that allows parties to reach agreements on difficult, sensitive, and emotional issues without alienating one another or creating an environment that may render future communication difficult. This is especially valuable when the parties have children and must interact with one another for the benefit of their children.
Mediation is less expensive than litigation in virtually all cases. While parties can agree to allocate the mediation expenses in any manner that suits them, most spouses divide the costs equally.
The mediators at Shoun, Bach, Walinsky & Curran, P.C. are attorneys who recognize that every family situation is unique. Mediation allows families an opportunity to customize an agreement to address the circumstances surrounding their family. This customization is not necessarily available when relying on a judge to resolve differences. Parties who mediate their differences can emphasize the issues that are most important to them.
It is important to note that everything discussed during mediation is confidential in the sense that neither discussions nor settlement offers may subsequently be used as evidence in court in the event mediation should fail. This confidentiality grants parties an opportunity to seek an agreement without any risk of their communication thereafter being used against them in any manner.
Mediation is a voluntary process. If a party does not believe that mediation will result in an agreement that satisfies his or her needs, the party is not obligated to commence or continue mediation.
Although the mediators at Shoun, Bach, Walinsky & Curran, P.C. are attorneys, your mediator cannot act as your legal counsel and your legal counsel cannot act as a mediator for you and your spouse. Instead the mediator remains neutral. For this reason, if the parties are undergoing mediation with us they are encouraged to obtain independent counsel to review agreements reached through the mediation process. If a client decides to pursue mediation after engaging us as counsel we will provide them with the names of attorneys outside our office who are able to take on that role or cooperate fully with whomever the parties’ select to act as a mediator.
