Steps in Mediation
• Initial meeting with both parties
• Opening statement of the mediator and parties
• Identification of issues for discussion
• Venting or sharing of perspectives
• Negotiations: exchange of offers and counter offers
• Creation of the Final agreement
Mediation or Litigation Considerations
• Litigation is lengthy, expensive, public and risky.
• Prolonged litigation is emotionally difficult.
• Judges rule in black and white; somebody wins, somebody loses.
Often both sides are unhappy with the results.
• Court cases are, for the most part, public record. Others know your
business, your issues, and your personal information.
• Client-created settlements are more creative than courtroom
• You have more input into the resolution.
• Mediation is confidential.
• Statistics have shown that both parties are happier in the long run
with mediated agreements versus litigated results.
DID you know?
• Virtually every divorce case, whether attorneys are involved initially
or not, ends up being referred to a mediator?
• Over 90% of litigated cases are settled by a mediator, even though
lawyers are involved representing both sides?
• An attorney will charge between $2,500.00 and $3,000.00 minimum
for each side?
Experience has shown that once people fully understand the ramifications and realities of the dynamics of their marriage dissolution, the parties can usually fashion an agreement that is beneficial to both sides, with the assistance of a trained mediator.