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MEDIATION
Mediation shifts the focus from the very adversarial court system, where the judge determines the outcome after a combative litigation, to a cooperative and respective problem solving approach, where each party retains power and control over the process and work toward achieving settlement. The shared purpose is a commitment to settle from the start.
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In mediation, participants maintain full decision-making power and are encouraged to exercise that power in an informed, fair and constructive way. Mediation is a means for people to maintain control over their lives, clarify issues, and resolve conflicts. Mediation promotes future cooperation, not continued conflict.
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The tenants of mediation:
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Both parties must be committed to trying mediation.
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Although clients do not permanently give up their right to litigation, they temporarily take that option off the table.
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If the parties fail to reach a resolution, one or both may file a lawsuit. Both parties must then hire new counsel.
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Mediation proceeds with a series of meetings that often occur virtually to take away the emotional toll in-person meetings present. Both clients participate equally.
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Resolution is achieved by joint problem solving, seeking to satisfy each party’s underlying interests.
TYPES OF CASES WE WORK ON
ELDER AND INHERITANCE/ESTATE DISPUTES
Elder Mediation focuses on conflicts that arise in the context of aging family members and disputes over care. Topics include:
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Future living arrangements
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Including the voice of the elder
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Family communication
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Decision making processes
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Roles and responsibilities of family members
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Finances (including paying for care)
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Caregiving
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Independence and safety
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Driving and transportation
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Estate planning and inheritance
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Family heirlooms
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The family home or vacation home
Mediation is also the perfect solution for inheritance disputes. Mediation is promoted and encouraged by the Trust and Estate Dispute Resolution Act (TEDRA) as a first choice before going straight to probate litigation, which is an extremely expensive route to resolve an estate dispute. Mediation is an effective way to interpret Wills and Trusts, solve disputes between beneficiaries, solve disputes around a Trustee, transition family businesses, and many more estate conflicts. ​
It encourages and promotes direct communication among the disputing parties, creating an environment where all participants have an opportunity to speak and be heard and work together to resolve issues.
DIVORCE
Mediation minimizes the hostility and misunderstandings that couples experience when ending a committed relationship. When there are dependent children, it can help build a critically important foundation for a healthy co-parenting relationship.
It gives separating couples a sense of control at a time when most people are feeling extreme emotions, anxiety, and disorientation. It eases fears by creating a non-threatening structure for making important decisions about future separate lives.
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The initial mediation sessions can immediately reduce fear and anxiety by providing an opportunity for couples to address short-term issues that add to their stress. Deciding how they will share common space, arrange parenting schedules, manage finances, and transition to separate households gives each person a deeper sense of control and security so that they can focus on the major tasks related to their uncoupling.
BUSINESS DISPUTES
When business owners/managers fail to address conflict, the conflict increases, resulting in low morale, reduced work quality, decreased productivity, increased absenteeism, grievances, and litigation. It also leads to lost opportunities, and other financial losses.​
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Disputes between owners
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Management power struggles
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Disagreements over the direction of the business
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Breach of agreements
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Contract disputes
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Conflicts with employees
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Partnership dissolution
Family businesses have their own set of unique challenges. ​Mediation works to:
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Maintain trust, communication, and cooperation among family members
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Strengthen family relationships
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Clarify expectations and values between generations​
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Address compensation and responsibility disputes
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Find shared understanding around working vs. non-working family members
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Plan for ownership changes