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Mediation is a private, cost effective resolution process that uses the
skills of a trained intermediary to help others come to their own
agreements as they resolve their conflict, dispute or terms of contract.
As a
mediator I maintain a neutral and safe environment in which a mutually
agreeable resolution to the conflict can be negotiated and achieved. I bring to
the table a wealth of experience and offer alternative options while maintaining
mutual respect and facilitating a resolution. A
mediator does not decide or determine the outcome of the dispute like a judge
or arbitrator.
I
clarify, record, and document all agreements and decisions. In the case of divorce or other
binding contracts the parties retain the option of having their agreement
documents reviewed by representative
attorneys before they are filed
with the court.
Once filed with the court, the terms of
a mediated agreement become
a legally binding contract, divorce or separation.
The
following list highlights some of the important advantages that using mediation
to resolve conflict provides:
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Affordable:
Mediation generally costs -70 to -85% less then standard litigation. Many
mediators, myself included, offer a sliding payment scale.
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Agreeable:
Participants create their own resolutions and are not forced to live
with an impartial or intolerable decision of a judge or arbitrator.
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Amicable:
Rather than escalate or exacerbate a disagreement or conflict,
the process of mediation provides a venue for understanding, tolerance, and
even lasting friendship. For example, couples with dependent children who
choose to divorce using the process of mediation are much better prepared to
work together as parents throughout the period of their children's
dependency. This is seldom possible after contentious divorce litigation.
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Binding:
Once a mediated agreement is filed with the court it becomes an official
legal document and has the same authority as any litigated court decision or
ruling.
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Convenient: Mediators generally provide flexible schedule choices that often include
weekends and evenings in order to accommodate their clients needs.
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Diverse: Although most often used for dispute settlement between divorcing couples,
separating partners or to resolve business disputes, mediation is also used
proactively for preliminary contract negotiation and prenuptial agreements.
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Expedient:
Mediation can move as fast as the parties come to agreement. Months or
year of expensive, frustrating, and often embarrassing litigation can be
reduced to a few weeks or months.
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Private: Even in the case of divorce, most states not require parties to appear in
court. Individuals and their children and families maintain their dignity
and mutual respect.
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Protective:
Children of divorcing parents are protected from the pain of parental
conflict and public exposure. Less psychological damage is experienced
making recovery easier and more rapid.
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Safe
Mediation takes place in a neutral place. The responsibility of the
mediator is to maintain an atmosphere of respect for all parties that is
also safe from psychological or physical abuse.
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