The Better Way: Mediation

Introduction

Mediation is an alternative dispute resolution technique that can help you resolve your legal matters amicably, quickly, and cost-effectively without going to court or hiring multiple professionals. It is a structured, interactive negotiation process where a neutral third party, the mediator, assists the disputing parties in resolving conflict using specialized communication and negotiation techniques. It is a confidential and voluntary process that can deliver long-term, mutually satisfying resolutions.

This guide aims to explain the technical aspects of mediation, allowing you to decide whether it is the right approach for you.

Who We Are

Elizabeth Spadafore and Kyle Janes are a husband-and-wife team of respected family law attorneys and certified mediators. We understand the complexities of divorce, custody, and other family disputes. Our experience as family lawyers and unique mediation skills ideally position us to guide you to constructive solutions.

When to Choose Mediation

Mediation is an excellent choice when:

• The parties do not want to go to court.

• The parties do not want to hire multiple attorneys or other professionals.

• The parties are willing to negotiate.

• The parties seek to control the outcome.

Mediation can be used to resolve any disagreement or legal issue. It is beneficial where the emotional toll of litigation can be avoided, such as divorce or custody, or where the parties have ongoing relationships, like disputes over an inheritance.

The Mediation Process

The mediation process follows a structured path:

• Initial Intake: This step allows our office to understand the basics of the dispute and determine if mediation is appropriate.

• Meeting: The parties split the mediation fee in advance and meet with the mediator.

• Discussion: The parties present their views and feedback with the mediator’s guidance.

• Negotiation: The mediator facilitates the parties in moving toward a resolution.

• Agreement: If the parties reach an agreement, the mediator documents the agreement in a Memorandum of Understanding. If necessary, the mediator instructs the parties on any other steps to ensure their agreement becomes a court order.

Benefits of Mediation

• Control: Mediation bypasses the complicated and unpredictable court system. It allows both parties to maintain control over the decision-making process and resolve conflict with the guidance of a neutral professional knowledgeable in law and procedure.

• Cost-effective: Both parties are empowered to communicate and negotiate instead of paying attorneys to do that for them. Mediation sessions are $300 per hour, and a typical session is scheduled for two hours. The parties split all fees. Additional fees for a Memorandum of Understanding or other documents prepared by the mediator are discussed with the parties in advance.

• Faster Resolution: While impossible to predict, parties typically resolve their conflicts in 1-4 sessions, while litigation can cause years of uncertainty.

• Confidential: What happens in mediation stays in mediation. All discussions are private and confidential.

• Constructive: Unlike court cases, mediation focuses on forging a mutually beneficial agreement, promoting cooperation and effective communication, and preserving dignity. Mediation aims to reach a comprehensive resolution that addresses all issues and can be made into a legal agreement that can be filed with the court if necessary.

Testimonials

We are proud to share some of the feedback we have received from our satisfied clients:

"Thanks to the mediation process, we managed to turn a potential court battle into a productive resolution. We are grateful for the guidance and support provided by the mediators. They lived up to their tagline - truly The Better Way."

“Choosing Spadafore | Prather | Janes for mediation was the best decision we could have made. It was more cost-effective and less emotionally draining than litigation. The mediators were there every step of the way, helping us communicate our concerns and work towards a resolution that served both our interests. I cannot recommend their services enough!"

Conclusion

Mediation is a powerful tool to resolve various disputes and is particularly effective in family law. It can help you navigate complex issues such as divorce and custody disputes in a more amicable and less stressful way.

Whether you are facing a divorce, a custody dispute, or any other conflict, our experienced mediators are here to help. We invite you to experience the difference mediation can make in your legal journey.