Mediation

With divorce mediation, the parties jointly meet with a mediator. At the Dougherty, Hanneman & Piccin, LLC ("DHP") law firm, the mediator is an experienced divorce lawyer who gives the parties relevant information about the law and legal procedures. The mediator does not give legal advice. The parties and the mediator discuss issues and attempt to reach an agreement on all issues without litigation.

If both parties desire to reach a fair agreement, mediation may save significant time and money, because it is usually less expensive to pay one mediator than two lawyers. Negotiation and litigation can be especially inefficient compared with mediation.

With negotiation, a proposal goes from the first client to the first lawyer, to the second lawyer, and finally to the second client. A response to the proposal is conveyed in the same inefficient manner.

With litigation, the process is even less efficient. After a lawsuit is filed, the court requires the parties to perform various lengthy and costly tasks that do little to help the parties reach an agreement.

The mediation process allows parties to save time and money in reaching a fair agreement by efficiently providing legal information, allowing direct communication, and avoiding unnecessary tasks.

Mediation can decrease present and future stress. Mediation reduces stress now by using a different process to resolve issues. With mediation, the parties work together to resolve their issues. In contrast, in negotiation and litigation, the parties fight against each other.

Mediation reduces stress in the future by avoiding court hearings and trials. Hearings and trials are usually hostile and emotional. Each party is forced to say that the other party is wrong or lying about an issue. After a hard fought trial, it is difficult for the parties to have a good relationship. Too much damage has been done.

Mediation allows parties to keep private matters confidential. Mediation sessions occur in the law firm's private offices. No spectators or reporters are present at mediation sessions.

On the contrary, court hearings and trials occur in a public courtroom. Spectators, including family, friends, neighbors, and reporters are frequently present.

Mediation teaches parties how to resolve problems. In mediation, the parties learn how to:

• Identify a problem
• Generate possible solutions
• Discuss advantages and disadvantages of each solution
• Select the best solution for both parties

While the DHP law firm mediator is an experienced divorce lawyer, he cannot give legal advice to one or both parties. In mediation, a party can use a lawyer or not. The decision is up to each party.

Frequently, after a tentative agreement is reached through mediation, a party will consult with a lawyer to ensure that the agreement is in the party's best interest. This approach allows a party to obtain individual legal advice while minimizing lawyer fees and expenses.

The DHP law firm attorneys have produced successful outcomes for many family law clients. Please click here to read about success stories that reflect various family law issues. Perhaps you will see your marital issues reflected in one or more of these brief stories.