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By the time disputes require outside intervention a great deal of damage may have already been done. When professionals, such as attorneys, get involved, unresolved disputes can consume considerable time and money while continuing to cause severe stress to all those involved.
What Disputes Can Mediation Address?
Legal Disputes: these are disputes where the mother and father, or mother, father, new spouse, etc. are in dispute as to legal matters such as divorce, custody, child support, visitation, property divisions, and other similar issues which can also be addressed in court. In legal disputes the mediator can draft up agreements which can be submitted to the court. Attorneys are not required for legal disputes in mediation. You do not need an attorney to mediate your disputes.
Family Disputes: these are disputes where the whole family, or possibly siblings and parents, or siblings and siblings, or any combination of family members, need help communicating concerns.
General Disputes: mediation is great for any conflict where two or more individuals are having difficulty communicating and desire an individual to help them resolve the conflict.
What is the Specific Process?
Opening: At the very beginning of the mediation the mediator gets to know the parties. The parties introduce themselves.
Rules: The mediator will then discuss the rules for mediation. The mediator outlines how the process will be structures as well as the rules of confidentiality and confidence.
Discussion: The mediator will allow individuals to take turns expressing their concerns. After all the concerns have been discussed, the mediator will ask questions that help the individuals or family members discuss options. After enough options are presented, the mediator will direct questions to the parties that will encourage the parties to shape agreements or plans that will resolve conflict and help prevent future conflict.
Record: After the parties come to a definite solution or agreement, the mediator will write it down for the individuals.
What are the benefits of mediation?
Mediation is a quick, cost effective way of resolving disputes and conflicts. It may also minimize the risk of conflicts in the future. It can save or re-establish important relationships and may prevent the need for legal action.
What are some other Alternative Dispute Resolutions?
Alternative Dispute Resolution or ADR refers to Mediation, Arbitration and negotiation. In a mediation a mediator listens to both sides and renders an opinion as to the probable outcome if the case were to go to court. In contrast to mediation, arbitration is much more formal. With arbitration an arbitrator acts as a pseudo judge and depending on the agreement of the parties in the abitration may render a binding opinion.
The Law Office of Marker & Goucher provides mediation services that are effective and reasonably priced. There are special rates provided to parties who desire to mediate their case. Mr. Marker provides free consultations for all his cases.
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