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
Digital Journal just posted an article called 'Mediation is the Secret to a Simple and Cost-Effective Divorce.
Naturally, this may seem obvious, but may still be an under utilized option.
In many cases the emotional and mental distress caused by divorce can cause parties to have tunnel vision and render them incapable of thinking through possible alternatives that are less-costly.
"Anger and disappointments are common feelings in most divorce negotiation processes. In most cases, the involved parties have a hard time reaching agreement on divorce issues such as child custody, division of property, child support, and visitation issues among others. However, mediation often provides the divorcing spouses an opportunity to take control of their future lives by resolving the contentious issues without the necessity of litigation."
Read more: http://www.digitaljournal.com/pr/4715373#ixzz6PeqffwL5
You don’t have to be a celebrity to get good legal advice. People magazine posted an article by Celebrity Lawyer Laura Wasser. Some of her clients include: Jennifer Garner, Angelina Jolie, Tom Cruise and Kim Kardashian. The main take away is something she says regularly: “try and utilize the three Cs: consideration, cooperation and communication. Adaptation and flexibility is key during this time,” says Wasser, 51. “A big part of this is the communication. Whenever there’s change, you have a situation where people are having to adapt to that change.”
I couldn’t agree more. Although there are plenty of reasons to fight harder during this time, there is also an opportunity to turn in and slow down as well.
Law.com posted an article discussing how fortunate it is that the legal profession can thrive virtually as the many other industries are unable to adapt. They focus a few paragraphs on Mediation specifically and how it is essentially the same as in-person:
The Zoom technology is remarkably easy to use. The virtual mediations I’ve done so far have involved participants covering the entire spectrum of computer prowess, and all have fared quite well. More importantly, the real engine of successful mediations–personal connections—hits on all eight cylinders in the virtual format. Following one recent virtual mediation of a significant injury case, the defense attorney told me how she was able to adjust her comments in the opening by reading the reaction of the plaintiff on the video. Just as with in-person mediations, the real-time feedback is there.
So, from the perspective of our clients, virtual mediations have been an unequivocal success. And I can also say that, from a mediator’s perspective, it is no less so. Success for mediators comes only when we can personally connect with the parties and counsel. A quote attributed to Teddy Roosevelt says, “People don’t care how much you know until they know how much you care.” At the mediation of any significant case, there comes a point when I am leading clients, step by step, to a place that, though necessary to get to, is tough terrain to traverse. If they don’t trust my judgment and motivation, they won’t take my hand. If you had asked me, even weeks ago, if this level of rapport could be established over a virtual medium, I would have said, “No way.” I was wrong. Happily, thankfully, mercifully, I was very wrong.
Done Medation plans to resume all mediations via videoconferencing using Zoom as mentioned in this article. To schedule a mediation for yourself, contact us today.
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