What is mediation
The short answer is that mediation is exciting and becoming more common. I took mediation training in New York back in 1998. I recently completed my Rule 31 Tennessee mediation training so I get referred cases. I’ve always been a firm believer in the mediation process. First let me explain what litigation is. Litigation is not what you see on television. Litigation is a long drawn out battle with winners and losers, sometimes everyone loses, and it costs money. Even if you try to represent yourself, there are court fees and expenses associated with going to court. Mediation is a way for parties in a dispute to go to a neutral third party to try to work out a deal that everyone can live with. The mediator does not give legal advice although they can report to you how judges have ruled on similar situations in the past. The mediator does not favor one side over the other.
Mediation can work in business disputes, employer/employee disputes, probate disputes, and family law disputes. I have also seen it at work in property disputes including landlord/tenant disputes. Rule 31 mediation training I took added extra time so I have more tools to deal with family law situations. I’ve practiced family law for over twenty years and have seen some real wild cases. However, I believe everyone could have benefited from meeting with a mediator before going to court.
In family law, which includes married couples with or without children and unmarried couples with children, the mediator can remind the parties what the end goal is when emotional issues come up. Change is hard for people. Clients often need someone to listen. The mediator can create a bridge between the disputing sides to work out a deal rather than leave it up to a judge in court who really doesn’t know them or their children. Mediation is particularly helpful in any dispute where you want to try to salvage a relationship. There is no bad guy in mediation. Each side comes in with issues and fears. You can mediate with an attorney present to give you legal advice or you can mediate without an attorney. The process will resolve something that has been hanging over your head in one day. Ultimately YOU rather than a judge decides what happens to YOU. All of the power is in the hands of the parties. That personal power is why I believe mediation is so successful and catching on everywhere.
If you are in a dispute involving family law, please contact me at the email on the main page. We can start talking and hopefully give you some peace of mind.
