BENEFITS OF PRIVATE, INDEPENDENT, MEDIATION
Mediation is a flexible approach to resolving
disputes. Parties meet privately with a neutral who assists as they explore
the disagreement which has them at odds. The neutral third party facilitates
communication between the parties to promote settlement, and offers an
opportunity for self-determination by the parties.
Mediation allows parties an opportunity to settle matters in the privacy of the mediator's office. In many cases, this can help resolve the issues and avoid an often long, expensive, and unpredictable court process.
The Minnesota
Supreme Court has adopted rules encouraging mediation and arbitration of
cases already in the courts. Parties can also choose to mediate or arbitrate
controversies which have not been commenced in the courts. Many other courts
and government agencies also encourage mediation and arbitration. These and
other forms of alternative dispute resolution have a long tradition in legal
systems and cultures.
Mediating Insurance Claims and Other Cases Already In Court
In Minnesota, and many other jurisdictions, courts will encourage, or even require, that the parties attempt mediation before the case goes to trial. Parties to a case can benefit from the selection of an experienced, neutral, independent mediator who is unconnected with the other parties or their attorneys.
Mediating Matters That Have Not Been Filed In Court
Many disputes can benefit from an attempt to resolve them by mediation before they become a law suit. Parties should discuss these matters with an attorney to determine the issues involved, including what deadlines might apply, for example. In many instances, the parties can attempt to mediate a resolution and possibly avoid going to court altogether.
Mediating Dissolution of Marriage (Divorce)Mediation is
well-suited to the enormous difficulties that accompany dissolution of a
marriage (divorce). In our sessions, you concentrate upon what you want to
resolve. You voice your concerns, one at a time. You observe for yourself that
you can move the process along. You observe that you can improve your life and
the lives of those you care about by participating.
In this absolutely
private and confidential setting, we will explore the issues that have not
found simple resolution. These might be property matters or payments or
dividing up current responsibilities. If you were previously divorced and are
now having difficulty with one aspect of your existing arrangement, mediation
can address that alone.
Families with ChildrenYour children are deeply affected by
the dissolution. You can help them cope by simply coping well yourself. This
includes focusing upon the future and constructing positive goals and workable
plans. Every family is different. We will study your situation and explore the
ways to meet the needs of the adults and children. We will draw upon all the
resources that the adults and children have to offer. We will confront the
realities of your new 2-household lifestyle and study how to make it work for
everyone.
Parents always want the best for their children. In
mediation, we maintain that focus. We actively resist the tendency to inject
the children into a battle and turn them against the other spouse. We actively
search for ways for the children to benefit, not suffer, from your new living
arrangement.
We concentrate upon establishing the new relationship each
parent will have with the children. We make sure that both of you will
continue to fulfill the children's needs for love, care, and security.
Family Mediation: How We Begin Mediation
We begin with a no-charge orientation session
during which I will answer your questions and discuss your present situation
and the costs of the mediation sessions. The orientation can be conducted over
the phone or in person, as you prefer. After you have both discussed your
intentions with your attorneys, we will plan to meet for our first working
session.
Everything is done by agreement. At the first working
session, we prepare a written agreement expressing your commitment to
participate and cooperate as we proceed to mediate your issues. Then we begin
to address the issues.
Time and Location of SessionsThe first session is usually 2
hours long, held at a mutually-convenient time and location. Most of the time
we will all meet together, but sometimes there will be a reason to contact one
party separately, by phone or in person. All of this is disclosed to both parties. I have
frequently met with people during the evening or on weekends when this worked
best for them.
Commercial/Civil Mediation:
Civil disputes are handled according to whatever the parties find most convenient. Through phone conversations, we determine a plan for submitting documents, teleconferencing, and arranging meetings. Parties are urged to focus on the main issues and use whatever procedures are most convenient and economical.
