Resolution through mediation.
Mediation is a form of alternative dispute resolution in which the parties meet with a neutral mediator in an effort to reach a resolution. The mediator does not make decisions like a judge, but rather, facilitates negotiations. The parties and the mediator choose the location, as well as the dates and times of the mediation. Mediation is private and confidential, timely and convenient, has a high rate of compliance, helps preserve ongoing relationships, and is generally less costly than litigating in court. Those using mediation, though, do not give up any of their legal rights and can always choose to continue to litigate in a courtroom. Mediator Kirk Jocham can assist you with your civil and domestic relations issues.
What is civil mediation?
Civil mediation is a process that can help parties to a civil lawsuit reach an agreement through the use of mediator instead of going to trial. Generally, a civil lawsuit is one in which one or more parties are suing for money, such as a personal injury matter. Any type of civil case or civil issue may be mediated. Civil mediation is also available before a lawsuit is filed. Often, the parties reach a better result and are more satisfied with a mediated resolution.
If a resolution is reached, a written agreement is usually prepared and signed before the mediation is over. If the agreement is complicated or minor details remain unresolved, an agreement may be prepared for all the parties to sign at the mediation, with the understanding a more formal agreement will be drafted after the mediation is over. Usually, lawyers for the parties prepare the final documents.
What is domestic relations mediation?
Domestic relations mediation is not therapy or counseling. Instead, it is a process for the parties to work together to find agreeable solutions for issues of separation, divorce, and other family disagreements. The mediator helps work out the details of concerns like custody, property settlement, and other financial issues and can create a document outlining the parties’ agreement. The goal is to come to an arrangement which is acceptable to both sides.
In addition, domestic relations mediation is available before and after a court action is filed. When a judge resolves your family issues, the results can be less satisfying for one or both parties. In mediation, the parties have a better opportunity to express themselves, their desires, and any difficulties they may have with the other side’s wishes. Further, mediation is often less damaging to long-term and ongoing relationships than a battle in court.