Mediation is a cooperative dispute resolution process in which an impartial third person facilitates communication between the parties to help them reach a mutually acceptable resolution.
The process is voluntary, informal, private and confidential, and places the decision-making process with the clients while focusing on their needs and interests.
It is the impartial mediator's responsibility to provide structure and ensure a safe environment for communication. The mediator also manages conflict, collects and organizes data, provides education, conducts negotiations, and assists the parties in evaluating options. Once the parties have reached an agreement, the mediator will draft and file the necessary court documents.
Where as litigation may take from nine months to two years, the mediation process allows flexibility outside the limited legal remedies available at law, with the clients determining the pace of the process. Nothing happens without mutual consent. Resources are conserved while preserving options for future litigation or arbitration. The parties may decide to participate in mediation at any time without limiting their future legal options.
A lawyer mediator does not give either party independent legal advice. At a mutually agreed upon time during the mediation process the lawyer mediator will provide the parties with any legal information they request. They may or may not decide to use this information when constructing an agreement. Some wish to reach an agreement without knowledge of the likely court outcome while others choose to use the possible outcome as a framework for their agreement. Once the resulting agreement has been drafted, the parties must then take it to an independent lawyer for review. Once any final revisions are made, the lawyer mediator will prepare and file the necessary paperwork with the court.
There are several methods of dispute resolution. Determining which you use is an individual choice. In a family law dispute where children are involved, a husband and wife may decide that they are best served by entering into mediation. This method gives the clients the most control over the process while minimizing conflict and maximizing cooperation key to a future co-parenting relationship.
In the event that one or both parties to a conflict feel that they need protection from the other or less contact and more structured guidance, the collaborative process or even litigation may be considered.
Self Help: If there is little conflict between the parties, they may be able to reach an agreement on their own. Once decisions have been made, the parties can take the agreement to an attorney for review. The attorney will review the agreement and advise the clients of any additional issues they may have missed. Once any outstanding issues have been addressed and details of the agreement resolved, the attorney will assist the clients in memorializing the agreement, taking any steps necessary to make the agreement legally binding.
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Divorce lawyer Serving Contra Costa and Alameda County. Specializing in divorce mediation, real estate mediation, real property mediation, landlord / tenant mediation & family law mediation. Visit http://mediation-law.com
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