Mediation provides an alternative to litigation when you and the other party want to resolve your conflict with outside guidance. Mediation is a voluntary, confidential process to reach a mutually agreeable solution. As disputing parties, you agree to appoint a neutral third party, the mediator, to help you towards a settlement. The mediator will ensure all parties involved feel respected and understood, guide you in resolving your differences and help you find common ground. A mediator, unlike an arbitrator, does not have the ability to make any final decisions. You have to reach the decisions yourselves and together by a process of discussion and narrowing differences, with respect to the legal issues involved. It is possible to bring in additional legal representation to ensure the settlement is fair to your interests, but this is not central to the process like it is in collaborative family law. The mediation settlement agreement which is agreed upon by both parties is binding.
Robert obtained his certification in Advanced Family Mediation and Negotiation in 2015. He is an accredited mediator who is experienced in family mediation. As a family lawyer since 2006, he has in depth knowledge of the issues surrounding the breakdown of relationships and marriages.
Benefits of mediation
- Maintains and promotes communication between you and the other party, which consequently avoids hostility and makes the transitionary period easier on all affected, especially children;
- Allows for you all to work towards building a more creative and unique solution to your situation rather than having one imposed by a judge;
- You can choose the option of closed mediation, allowing for the process to be completely confidential, meaning nothing can be held against you in court;
- It is less time consuming and can be more cost effective than going to court; and
- It is a voluntary process. If you decide during the process that you no longer want to participate and would prefer to engage in litigation and go to court instead, the process can be terminated without repercussions.
Is mediation right for you?
At Shawyer Family Law and Mediation we advocate the use of mediation as one of the primary ways for parties of relatively equal bargaining positions to resolve their issues relating to parenting, separation, and/or divorce. Mediation can be an option if you and the other party are willing to engage in an out-of-court form of dispute resolution.
Are you looking for an amicable alternative to traditional adversarial separation/divorce but are not in need of conflict resolution? Then collaborative family law may be better suited to your needs. Or you can take a look at our other services offered at Shawyer Family Law and Mediation PC.