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Mediation
I always begin by discussing
with my clients the possibility of mediation. I am a firm
believer in the role of mediation in family
law as a process where couples can work together with
the help of a mediator to resolve issues and create an
Agreement that will work for all concerned.
Mediation is a process whereby both you
and your partner sit down with a mediator to work through
all of the issues arising from your separation. These
issues usually include the division of your assets,
parenting arrangements if you have children, and possibly
monthly payments for either you, your partner or your
children.
The mediation process is extremely effective
and approximately 80% to 90% of all of the mediations
which I have conducted result in settlement of all of
the issues. Mediation is effective because it allows
you to meet in a professional but non-confrontational
setting and to explain your needs and concerns directly
to each other without placing two lawyers in the middle
of your discussions.
If you are able to reach
agreement through mediation it is an agreement that
is acceptable to both you and your partner rather than
a solution that is imposed by the court. It is
more likely that the agreement will be complied with
in the future because it is an agreement which the
two of you have created. In some cases, mediation is
not an option. If this is the case, negotiation
or collaborative law
are other viable options for resolution of the issue.
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