Dolan Family Law recently posted an article detailing what they believe to be the 5 Rules of Success for mediation.
1. Be right but only to a certain extent
2. Address the problem not the person
3. Work with facts
4. Focus on interest, not positions
To read more about these ideas, click on the image.
DONE mediation is here to help bring these and other beneficial aspects of mediation to your case to help you find solutions. Schedule a session of mediation online today.
The article ends by saying:
Not all disputes have to be resolved in court; going through the meditation process is an excellent way to reach a consensus while avoiding the uncertainties of a trial. However, keep in mind that everything must be done right to ensure the success of the mediation process.
At DONE mediation we feel it is absolutely essential that all parties involved understand:
1) What they are agreeing to in Mediation
2) What their alternative options may be
3) That they have a right to have documents reviewed by a legal professional
4) Nothing is binding until it is signed and filed with the court
5) They are not obligated or pressured to agree to anything they don't want to agree to
These are important aspects of every mediation. In one instance of a mediated case gone wrong, CBS Austin reports that an 86 year old Utah rancher faces jail time for being found in violation of his mediation settlement. In the story, the man claims that the settlement agreement was never read to him and he did not understand what he was signing.
Every person involved in mediation has a right to have any agreement reviewed by a legal professional. The ideal agreement/settlement is one in which both parties understand their obligations to the other and have vested interest in being in compliance in order to get what they want.
Did you know that landlord/tenant issues can be mediated? If you are dealing with housing issues either as a landlord or a tenant, these issues can be addressed out of the court room in mediation.
The court process can be lengthy, expensive and stressful. When two parties can come together in good faith, there is often times areas of negotiation that would allow both sides to be heard, and better understood. Courts will only assign monetary judgements, where as, in mediation, both parties have the opportunity to create a payment or settlement plan that fulfills both side's needs.
If you think you could benefit from mediation to work out your housing issue, schedule a session of mediation with DONE mediation today.
The Rochester Beacon recently published an article called The Power of Repairing Harm. In that article they site a study by the Utah Law Review in this way:
In many states, restorative justice has become a standard practice to decrease the harm caused by crimes while considering the needs of all those involved—victims, offenders and communities. An analysis published in the Utah Law Review two years ago that drew on data from 50 states found that 45 states have codified restorative justice into statutory law or regulatory law.
In this article, they go on to explain the benefit and the logical wide spread adoption of such forms of justice within the legal system.
It is much appreciated the manner in which mediation services are explained for their undeniable benefits to both parties in legal situations. The outcomes of these ADR cases are so indisputably preferable to legal consequences traditionally imposed by courts.
I don't often look to celebrities for their life choices, but in this case, it's great to see what ANYONE is doing for co-parenting that WORKS. Co-parenting is such an essential part of an divorce. It requires a lot of planning, communication and coordination.
If you're looking to be inspired, check out this article on insider.com
The Digital Journal posted this about the costs of litigated divorce vs. mediated divorce.
"When going through a divorce process, money is often the last thing people want to add to their list of worries. Choosing to go through a litigated divorce is estimated to cost couples up to $32,000 and that’s if things go well as planned. In most cases, the cases don’t go well and even more money ends up being spent. Thankfully, mediated divorce offers a far more cost-effective alternative as everything can be mediated."
Read more: http://www.digitaljournal.com/pr/4715373#ixzz6Perjnhwq
Lexology.com featured a great article discussing the challenges of co-parenting during COVID-19. It may seem obvious that communication is not only important but essential in new ways during this “new normal”. They recommend finding the most effective means of communication and agreeing upon terms and use of that communication. It is important that co-parents are open and forthcoming about how they plan to approach parenting during their time. These methods of improved communication can be discussed and organized without tension in mediation. Contact us to schedule today.
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