Mediation

95% Success Rate.

The vast majority of disputes are resolved through mediation, thereby avoiding stressful, costly and time consuming litigation. While a small percentage of disputes are not resolved, successful mediation provides both parties with many benefits:

Realistic: Mediation with an attorney mediator will allow the parties to determine the soundness of their respective positions and likelihood for success or failure if it went to trial.

Safe: Unlike litigation, mediation is not an adversarial process. An effective mediator will ensure the balance of power between the parties is maintained and that all communication is respectful and non-blaming. Both parties are afforded the opportunity to state their positions and offer proposals without threat of interruption, threats, or scorn.

Affordable: In my experience, most family law-related disputes are resolved within three, two-hour mediation sessions. I ask the parties to equally share the costs, to split the costs in proportion to what their child support obligations are, or work with clients on a sliding scale basis if they qualify. Most attorneys charge $200 per hour or more. In family law matters, attorney's fees and costs for a single motion can exceed $1,000, depending upon the amount of preparatory work involved. Generally, neither party is satisfied with a judge's ruling on a motion.

Fast: Mediation offers a timelier final resolution of disputes compared to the time it takes an action through the legal system. Parties, who are committed to resolving their disputes via mediation, can typically expect to finalize their dissolution within a ninety one day period. A dissolution (divorce) action can technically be finalized ninety one days after the filing and service of the petition and summons on the responding party. If the parties elect to resolve their disputes via litigation and trial, it is not uncommon for the matter to take a year to finalize.

Confidential: Mediators cannot be compelled to disclose information related to the mediation and the parties are required to sign confidentiality agreements before mediation begins. However, if during the course of the mediation a party discloses their involvement in criminal activity or admits to the abuse or neglect of a child or a vulnerable adult, the mediator is duty bound to report that activity. If mediation is not successful, and subsequent litigation is required, the parties and their attorneys are prevented by statute and the rules of evidence from disclosure in a court of law.

Empowering: The parties to mediation determine their own outcomes and craft solutions/agreements that are workable given their unique needs and circumstances. Judges will generally not take time to consider the unique concerns of the parties. Additionally, an effective mediator will ensure that all communications between the parties is respectful and non-blaming.

Healthy: Mediation is emotionally and psychologically healthier than litigation

- Parties must listen to each other without interruption or showings of disrespect
- Mediators reflect parties underlying feelings and concerns so that both parties feel heard and understood
- Affords parties a unique opportunity to hear and empathize with each other's positions, possibly for the first time

95% Success Rate: Mediation has higher settlement rates and better outcomes. Of all disputes entered into mediation, we have successfully resolved 95%. A successful mediation is one that results in the parties resolving their disputes by jointly creating agreements that are reasonable, fair, and easy to comply with given the parties' unique circumstances. Parties always feel better after resolving their disputes via mediation, thereby avoiding the stress, time and expense of a lengthy litigation process.

If you or someone you know is in need of legal advice call or contact us today for a free consultation.

Call: 509.456.6036
Email: info@ellenhendrick.com

 

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