Advantages of Mediation

Cindy Best

 

Best Interests of the Children:

Mediation is designed to help parents focus on the best interests of the children. The mediation process helps the parties remain aware that despite their differences that brought them to the mediation process, they must continue to communicate for the sake of their child. The mediation process will preserve the parties? relationship, which will benefit the child in the future years. It is also important to recognize future issues that might arise, and put a mechanism in place that will prevent future litigation.

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Custom-tailored Agreements:

The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties? individualized circumstances. Mediation permits the parties, rather than the court, to control the outcome of their case. The tailored agreements typically result from both parties? determination of how they will share their children, how they will make major decisions concerning their children, who will pay child support and how much, and how to equitably divide property and debts.

 

The Parties? Obligations

  • Desire to compromise and find a resolution
  • Act in good faith
  • Listen calmly to other party, even if you disagree with their statements
  • Stay professional and considerate of other parties? statements
  • Conduct good communication with other party and mediator
  • Have an active role in the decision-making process
  • Full disclosure of all debts and assets and information required in Rule 49

 

The Mediator?s Role

  • Identifies the issues with the help of the parties
  • Outlines and discusses the possible solutions for each issue
  • Shares experiences as a practicing family law litigation attorney
  • Recognizes each parties? needs, fears and desires for the outcome
  • Encourages a spirit of cooperation
  • Keeps the focus on the parties? future, rather than their past
  • Accepts the parties as they are and refuses to judge or control the parties
  • Allows the parties to take their time and not be coerced
  • Remains neutral
  • Helps the parties in a professional, encouraging, courteous manner
  • Emphasizes that the mediator does not represent either party nor give legal advice
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