All About Mediation

How do mediations work?

The legal process can be slow and very expensive.  Many people do not know there are alternatives to litigation.  Whatever the conflict, if the two sides can find a mediator they can agree on, and go through the mediation process - with legal counsel (suggested) or not, they can save time and  money.

The process goes like this -  The mediator will first have an intake meeting separately with each party.  Once the mediator has insured there is no conflict of interest and explained the process, he or she will schedule a mediation session that both parties will attend. Lindsey Mediations offers 4-hour and 7-hour mediation sessions.  (See Services and Fees.) The parties can bring legal counsel to the mediation session, or mediate on their own.

During the mediation session, the mediator will meet with each side in private.  The purpose of the session is to identify the issues that need to be addressed and negotiate realistic solutions (in the case of divorce: child custody, parenting plans, spousal maintenance, asset/debt assignments, property division, etc).  After all issues have been addressed and resolved in a manner that both sides agree to, the mediator will issue a Memorandum of Understanding spelling out the specific decisions and conditions they reached.  Nothing is final until each party signs the document.

Once it is signed, one of two things will happen.  If legal counsel is being used, the Memorandum of Understanding will be formalized by their attorney into a Settlement Agreement and filed with the court.  If legal cousel is not being used, for example a self-handled divorce, all required court documents must be filed with the district clerk of court.  A judge will review the court petition and relevant documents together. This is another way that legal fees and court time are greatly reduced. (In the case of a divorce, a 61-day waiting period ensues.)

This same process can be used for many, many types of conflict -  whether for family issues or business/commercial problems. It is much quicker than going to court and is usually far cheaper.

Which kinds of mediation does Lindsey Mediations provide ?

Civil MediationsFamily Mediations

- Commercial      - Child Custody and Parenting Plans

- Construction     - Divorce

- Employment     - Divorce Modification

- Healthcare        - Domestic Partnerships

- Landlord/Tenant                              - Marital Mediation

- Partnerships     - Property, Asset/Debt Assignments

- Real Estate              - Senior Care Family Plans

What is a mediator?

A mediator is not a judge.  Mediators do not make decisions.  They cannot provide legal advice.  Mediators facilitate the settlement conference, insuring privacy and confidentiality.  A mediator's goal is to help people in conflict arrive at solutions that both sides can support.

What are the benefits of mediation over going to court?

- Mediation saves time and money.

- Unlike court proceedings, mediations are private and confidential.

- Mediation alters the dynamics of conflict; it allows people to regain dignity and respect that may have suffered in the process of litigating.

- It allows people to customize, finding solutions that fit their needs.

- Statistics indicate there is greater satisfaction and follow-through on payment obligations and performance when people are

  part of the solution.

- Mediation reduces the load on the courts.

It is also important to understand that mediation deals primarily with the future aspects of resolving a dispute.  Settlements center around financial and behavioral changes. There may be monetary or property issues. Debt may have to be addressed. There may be behavior issues, creating an obligation for someone to do something (or cease doing something). This -  and more -  can be spelled out in the Settlement Agreement. Thus, mediation is future-based. It is not a search for past mistakes or blame.

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What is mediation?

Mediation is a private and confidential settlement conference between people in conflict. The types of conflict vary significantly - from divorces and other family issues, to civil disputes such as business disagreements,

dissolution of partnerships, landlord and renter problems, etc.

Further, mediations can vary by these factors:

- voluntary / court-ordered

- legally binding / non-binding

- joint conferences with disputing parties together in one room / those

  where disputing parties remain apart and communicate through

  the mediator

- between two disputing parties / between multiple disputing parties

- parties bring their legal counsel / people mediate without legal

  representation

- between parties who will have no relationship after their conflict is

  settled / between parties whose relationship continues past the

  mediation (divorcing parents, for example)

It is important to note the success of a mediation depends on the degree to which the parties are motivated to settle.  If people want to put this dispute behind them and avoid a long, drawn-out and expensive legal battle, mediation can be the perfect approach to take.

Seeking Wise Solutions in

Uncertain Times