Mediation
Overview
Not all family law matters have to be heard in front of a judge. A good number of cases reach a final resolution without the parties ever having to step into a courtroom. Often times, these agreements are made with the assistance of a trained professional. As a certified mediator, Attorney Cristin M. Lowe offers these services.
Mediation offers several benefits to divorcing couples with differences they need help resolving but nevertheless want to avoid an all-out war or expensive litigation. Divorce mediation is faster and more inexpensive, and it generally leads to a better outcome for all concerned, due to the collaborative nature of the process. Furthermore, settlement agreements that are reached through mediation are highly likely to stand the test of time. More than 75 percent never need mediation again. This can likely be attributed to the fact that the parties feel empowered due to their control of the process. When they finalize their divorce, they do so on their own terms, by their own agreement.
In general, parties who are able to put aside their differences and maintain the mutual goal of resolving their case and thereby controlling their own lives ultimately walk away happier, more confident, and at peace with the final outcome. More importantly, parties with children are able to maintain a civil, business-like relationship that is unscathed by the potential permanent damage of a bitter, heavily litigated divorce.
As a mediator, Cristin is not retained by either party, nor does she advocate for any particular person. Her role is to be neutral, to help the parties explore the issues that must be resolved, to create common ground between the parties, and to ensure that they are fully informed and aware of the dissolution process.
Mediation is a cooperative process. In order for mediation to be successful, both parties must respect the process, each other, and the mediator’s neutral role. They must be willing to accept that it is likely impossible to receive everything that they want. The goal must be to reach a fair, amicable, and reasonable resolution that both parties can accept.
Even when mediation does not result in a full settlement, the process can still be beneficial. The parties learn that they are able to successfully resolve some of their problems, and that it is possible for them to work together in collaboration. They are also able to reduce the number of issues at hand and therefore reduce the final, overall cost of litigation.
While Cristin does not personally represent either party when she serves as a mediator, clients receive the benefit of having their case handled by an experienced attorney who knows the law, knows the court process, and knows what has successfully worked for other clients. If you feel that your case may be suitable for mediation, please contact our offices to discuss your matter.
FAQ
Q: What are some of the benefits to mediation?
A: Fact: in family law, the law must be followed in only rare circumstances. The law can be viewed as more of a guide for resolving divorce issues, rather than as the definitive way to consider an issue. One of the biggest benefits mediation offers people is the power to choose when to hear the law and in how much detail. Your family law situation is unique and it is very rare when following the law exactly results in benefitting both sides. Mediation allows you to craft a solution that works for both parties.
Additionally, mediation tends to be less expensive than a traditional litigated family law matter. Often times, a mediated divorce will cost approximately half of a contested divorce.
Mediation is also a good option for people who will continue to have a relationship after they are divorced, or if they have children together. Resolving your family law matter in Court can lead to frustration and hostility between you and the other person.
Q: What should I be aware of when deciding to mediate?
A: First of all, remember that YOU are in charge of the process. If you don’t like the way things are going, you always have the ability to back out of mediation and choose to take the matter up in front of a judge. Mediation is not always appropriate in every situation. If both parties are not committed to the process, it is usually a waste of time and money to engage in mediation. Finally, be sure that if your mediator is not an experienced family law attorney, that you hire a consulting attorney to work with you and provide you advice.
