Mediation

Not all family disputes need to be resolved in court through litigation. Often, personal conflicts can be settled long before either party sets foot in a courtroom.

One of the most effective ways for families and ex-spouses to avoid the courtroom is through mediation. Mediation is a voluntary process in which disputed parties can reach a formal agreement with the help of a certified mediator, like Kerri Cohen, who serves as an objective third party, and without the intervention of the family court system. The mediation process allows both parties, whether they be ex-spouses or co-parents to settle their disagreements and reach a resolution in a safe and controlled environment.

Mediation can be used to resolve several types of familial disputes but is often used to address matters related to the following:

• Divorce
• Alimony
• Separation
• Parental Custody
• Child Support
• Guardianship
• Division of Debts, Property, Bank Accounts, and Retirement Accounts
• Estate Settlements

The mediation process is not a formal legal proceeding and those who choose to participate in the mediation process are not legally bound to any suggested resolution put forth by the mediator. Both parties remain in control throughout the entirety of the mediation process, including all final decisions for an agreement or settlement.

The Benefits of Mediation

• Less Time. Mediation is significantly less time-consuming than battling in court through litigation. Litigation can cause families to be tied up in court hearings for weeks, if not months. In mediation, disputes are typically resolved within only a few mediation sessions spread out over a short period. Mediation is highly recommended for those in dispute over time-sensitive matters, such as custody and guardianship arrangements.
• Informal, Neutral-Third Party. In contrast to litigation, the mediation process is designed to be an informal, low-stress discussion between the parties in dispute. Guided by a mediator or mediation attorney, both parties are given opportunities to allow their voices to be heard and their primary concerns addressed without the pressure of defending their positions in court.
• Conversation-based. The mediation process is not a debate between two parties. Rather, mediation centers around the honest and transparent expression of the participants’ core interests. The mediation process allows the participants to reflect on their main concerns, acknowledge one another’s feelings, and focus on developing options for how to move forward.
• Confidential. The mediation process is entirely confidential, and nothing said during mediation can be used as evidence if the parties in dispute do eventually decide to explore formal litigation.
• Less Expensive. Mediation is much more affordable than litigation. Both parties often share the cost of the mediator’s fee, which is typically a fraction of the cost of hiring an attorney for formal litigation.