WHAT IS MEDIATION?

April 2018

By Kris Leonhardt, Esq.

Dealing with legal conflict is often agonizing and uncomfortable. The idea of petitioning the court and waiting for a judge to make the final decision is not only stressful, but it takes a long time and it is exhausting.

Mediation eases the process a bit by allowing an alternate route for conflict resolution. It is designed to diffuse potential hostility and arguments between the parties.

Instead of court before a Judge, a neutral third party mediator is present to facilitate the conversation and ensure that the needs and interests of both parties are heard. The mediator is impartial and does not determine who is right and who is wrong. Instead, the mediator will foster a productive problem solving setting while enabling the parties to have control over the final outcome.

Mediation is hands-on, structured and interactive. And, it allows for open communication in a private and confidential setting. The parties involved are given an opportunity to discuss and resolve the problems to design a solution together that best suits their needs.

Litigation in a courtroom can take years to reach a finality. Not only is the process mediation process much shorter, but it can save each party thousands of dollars in attorney fees that will be incurred in the courtroom litigation process.

Once an agreement has been reached, it is put into writing and submitted to the Judge for final entry and to turn the agreement into a court order. The final resolution is created by the parties in the case, not established by a judge, which usually means both parties are more likely to abide by and follow the terms.

Mediation may be utilized in a variety of different cases, including, but not limited to High Asset Divorce, Divorce and Child Custody issues.

Although mediation has its perks, it may not be right for every case. To find out if it is right for you, follow us in this month's blog series as I delve deeper into the issues of private mediation vs. court ordered mediation, the role of the mediator, the mediator's credentials and the role of a lawyer in the mediation process.

If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at (480) 630-2464 to schedule your free 30-minute consultation.

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