Whether it is a child custody dispute or divorce-related conflict, family law matters can be emotionally and financially draining, especially if they require litigation to resolve. Fortunately, there is an alternative that can help the parties resolve their issues faster and less expensively. Mediation is a voluntary method to resolve disputes through an informal meeting facilitated by a neutral mediator who can try to help the parties reach a compromise.
The seasoned family law attorneys at The Colwell Law Group, LLC, are experienced with utilizing mediation as a tool to resolve conflict quickly and economically. Call today to schedule a complimentary consultation with a Rochester mediation lawyer at our firm.
During mediation, the parties will meet at an agreed-upon neutral location where an impartial mediator will spend time with both parties to understand their legal positions, concerns, and arguments and attempt to help them reach an acceptable resolution. Unlike arbitration, where the parties will allow an impartial arbitrator to hear arguments and render a legally binding opinion, in mediation, the mediator does not issue a ruling but rather helps the parties come together to reach a decision on their own through the presentation and sharing of arguments in a safe environment. In addition to the parties and their respective Rochester mediation attorneys, sometimes mediators will encourage the involvement of professionals to help provide insight and guidance on particular issues that the parties would not otherwise be able to resolve on their own. Examples of professionals who may join a mediation session include:
Given that it is a private, confidential platform, mediation is a forum for open communication and frank discussion. It is often the final opportunity for informal dispute resolution before litigation. If the parties are able to reach an agreement during mediation, they will enter into a legally enforceable settlement agreement. This contract outlines the terms and conditions of the resolution, which all parties must abide by.
While almost any type of family law matter can be resolved through mediation, there are situations where mediation is particularly useful, such as:
The parties can utilize mediation to agree upon any number of issues, such as where the parties will live during a separation or how marital property will be allocated and distributed during a divorce.
The parties can work together to come to an agreement on both legal and physical custody, as well as a visitation schedule.
Mediation allows the parties to agree on a child support payment amount and schedule that may deviate from the applicable guidelines.
A mediator can help the parties identify relevant issues to be addressed in marital agreements.
Unlike litigation, which is completely public, mediation is private. This helps encourage honest, open conversation between parties, especially in the case of separating or divorcing spouses. In addition, unlike a Court decision where there is typically a clear winner and loser, mediation allows for flexible solutions favoring compromise. If the parties are committed to being open-minded and focused on resolving their issues, mediation is the rare legal venue where a win-win is possible. Learn more about this process by speaking with a skilled mediation lawyer in Rochester.
If you are involved in family law litigation or on the verge of going to Court but would like to retain some level of control over the outcome of the dispute, mediation may be worth considering. Our knowledgeable attorneys at The Colwell Law Group, LLC, understand the benefits of mediation and can help you take advantage of this alternative method of resolving legal disputes.
Call now to schedule your complimentary consultation with a Rochester mediation lawyer.
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