Mediation

An Alternative to Litigation

Not all disputes need to be – nor should they be – resolved through litigation. After all, litigation can be a protracted, expensive process that can lead to an outcome that is not satisfactory to one or both parties. In addition, litigation can worsen or end a relationship between the parties involved. This is an important consideration, especially in family law. For example, in a divorce involving children, it can be much better to resolve disputes over issues such as custody through mediation rather than litigation. In many if not most cases, the divorcing parents will have to cooperate as they work to co-parent their children after the divorce has been finalized, so reducing conflict during the divorce can be extremely important.

Mediation can also be an attractive alternative in business disputes involving parties that have an existing relationship they would like to continue into the future if at all possible.

How Does Mediation Work?

In mediation a neutral party (a lawyer) is agreed upon by all parties involved. The parties then meet with the mediator either together or separately. The mediator’s role is to assist the disputing parties in identifying issues and priorities, eliminating misunderstandings, exploring areas of compromise and finding points of agreement.

A mediator will not tell either or both parties how to resolve their case, but instead will guide both parties toward a mutually agreed-upon resolution of their disputed issues. In some cases, the agreements reached will resolve all disputed issues while in others the agreements will resolve only selected issues.

All parties in a mediation should continue to work with their attorney through the process, so it’s important in a mediation situation that the attorneys involved understand the mediation process, its strengths and weaknesses, and to appreciate that one purpose of a mediation is to significantly lower the level of conflict between the disputing parties.

It’s also important to note that mediation can be an effective part of trauma-informed legal services, which focus on minimizing the stress and trauma involved in a legal dispute, recognizing the issues associated with what may have been years of conflict.

Extensive Experience

Marler Law Partners have a deep experience in mediation and fully appreciate how it can be an effective conflict resolution tool in family law matters. While we are powerful and fierce advocates for our clients in litigation, our training and extensive experience in mediation have enabled our attorneys to help numerous families navigate the difficulties of a divorce and move on to a peaceful future with a minimum of stress.

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