Understanding Mediation in a Time of Need

Mediating disputed is a means to resolve disputes and allow each party input and control over the outcome.  Orchestrated appropriately, no one wins, no one loses. Rather, the parties walk away from the table knowing the resulted arrived at are based upon the needs and concerns of each of the parties.

Why mediate? Mediation allows the parties to reach a common ground, through discussion, and take time to understand the other party’s position, knowing that the ultimate result is one worked at by both parties, not forced upon by a court. Mediation allows the parties to be in charge of their separation agreement and its terms.

During the mediation, the parties discuss issues relating to the division of property and the payment of child support and alimony, when appropriate.  It is the hope and intent for all issues to be resolved by agreement.  Of course, consultation with an attorney of your choice is essential assure that the agreement is in your best interests.

The following conditions apply in mediation:

  • Mediation is voluntary either party may choose to end it at any time.
  • The parties make all of the decisions; the mediator cannot impose any decision upon you.
  • Each party must disclose all financial income and assets during the mediation session.
  • Mediation sessions are totally confidential.
  • Either party may seek professional and legal advice at any time during the mediation process.
  • The mediator will not disclose any information concerning the parties to a third party without prior consent.
  • The mediator is not acting as an attorney and is not representing either of both of them.
  • Each party is to have separate independent counsel to review the Separation Agreement before signing it.

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