Mediation is a voluntary process where couples work together with a trained mediator to negotiate and resolve their differences. In mediation, no one decides who is right and who is wrong, or who wins and who loses. Instead the parties themselves decide what is right for them and their children. The mediator merely facilitates communication and helps you to evaluate your options.
For many divorcing couples, mediation has become a viable alternative and a means to resolve disputes. Sensibly used, mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family. Mediation is based on the premise that the people getting divorced are in the best position to make decisions that will have long term personal and financial consequences on their lives.
At Lenore B Fox, LLC we can represent you individually as your attorney to assist you with the options and settlement negotiations during the mediation process, or we can provide you and your spouse with a neutral, impartial mediator while you both retain other counsel to represent you individually.
DIVORCE
Even if your relationship with your spouse is irreparable, you may still be able to complete your entire divorce in mediation. As an experienced divorce lawyer and trained neutral mediator, Lenore B Fox can help divorcing spouses file the necessary paperwork to start the divorce action, mediate contested issues, and prepare a Marital Settlement Agreement to finalize the divorce. If the divorce is already in progress, or if the parties have already retained counsel, parties can still save time and money by turning to mediation to complete the job.
CHILD SUPPORT
Because Child Support is governed by statutory guidelines, parents can sometimes come to agreements quickly and in a straightforward manner. Child Support gets more complicated when incomes fluctuate or when parenting plans have not yet been decided. Mediation is well suited to resolve child support disputes, whether they are simple or complex. Circumstances frequently change as children mature and mediation is well suited to resolve child support modifications efficiently.
CUSTODY
Although they almost always want what is best, it is not uncommon for parents to disagree on plans and goals for their children. As an experienced divorce attorney and trained mediator, Lenore B Fox can facilitate the parties discussion on parenting plans and long term goals that satisfy the best interests of their children. Mediation is confidential and parents are given an opportunity to open communication and air their concerns in a safe and private environment.
PROPERTY DIVISION
One of the most significant issues in dissolving a marriage or domestic partnership is dividing the parties’ marital assets.
If the parties agree on a settlement themselves in mediation, they have more options than the Court to craft a tailored-made property division that is satisfactory to both parties.
SPOUSAL SUPPORT
Actively litigating the issue of maintenance (spousal support) can lead to expensive and invasive trials. Even a modestly-sized spousal support claim can require extensive forensic accounting, discovery requests and depositions. In mediation, the parties can choose many creative and common-sense solutions to spousal support disputes that the Court is simply not entitled to order.
Many people choose mediation over the adversarial process for their divorce, parenting issues or other family law matter. Here’s why…
Low Cost
Mediating a divorce, custody, or other family law issue is generally far less costly than using the adversarial system with a divorce lawyer.
Time Efficient
Mediating a family law matter is generally much faster than taking a case through pre-trial and trial. The numberof sessions required for a successful mediation depends on the number and complexity of the issues.
Control
In mediation, the parties retain control (albeit shared) over the final result. In litigation, by contrast, the parties relinquish control to the lawyers and the judge.
Confidential
The mediation process is confidential. A successful mediation reduces the need for the parties to file adversarial pleadings in the public file or make allegations against each other in open court.
Dignified
Many people find mediation a much moredignified approach to resolving conflict because both parties have made a commitment to try to resolve their dispute.
Good for Kids
A long and drawn-out custody battle can negatively impact kids. Children can benefit when parents resolve their differences in a cooperative manner in mediation.
Animosity
Mediation is designed to reduce conflict. Do not assume that you are not a candidate for mediation because you are not currently communicating positively with the other party.
Your Schedule
Mediation sessions are set on the parties’ schedules, not the court’s busy calendar.
Safe
Mediation provides a safe and respectful forum for the parties in which to reduce conflict and resolve disputes.
Neutral
Lenore B Fox values impartiality. I have no bias toward men or women, or a mother or a father, or anything else. I do not favor any particular parenting plan or method for dividing assets but rather enjoy facilitating your discussion and agreements about what will work best for your family.
For some additional insight into negotiation, see this article.