Mediation

Mediation is rapidly becoming the way to resolve issues and find solutions for the resolution of disputes.  This can dramatically reduce attorney fees and promote an atmosphere of goodwill between the parties.

A mediator is a trained, neutral party who does not have the authority to impose decisions on the parties seeking mediation.  The effort is to facilitate the parties coming to a mutual, satisfactory resolution. By going to mediation, your chances of reaching a solution in the best interest of all involved is much greater.

Even if a court orders the mediation before going to trial, the mediation is still non-binding and confidential. FRE, Rule 408 allows offers of compromise and evidence of conduct or statements made in negotiations to be inadmissible in court.  Because of this, all parties can be completely forthcoming and not feel they must “hold back” anything because it could become an issue in the courtroom. In order to be appointed by the courts, a mediator must have 40 hours of basic mediation training.  To work with the family courts a mediator must have advanced training of an additional 32 hours.  This makes sense because divorce mediation and custody mediation is very important work and lives can be greatly effected by the outcome.   Our courts are adversarial in nature and are simply not geared toward complicated and sensitive family issues.

Mediation gives the family the time it needs to work out solutions that are appropriate for that particular family.  In a custody fight no matter who “wins” the child loses.  Being with the less capable parent, barring deal breakers such as abuse and extreme neglect,  is better than putting a child through a battle.  Joint custody today works out to about a 42/58 percent split in child rearing time. It is far better to create a working relationship between the parents and arrive at an agreement in the best interest of the child that everyone involved can live with than turn it over to the courts to decide what is in the best interest of your child.

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