Family Mediation Services, Inc.

Advantages of Mediation

 

·         The mediation process enables the parties to emerge from a divorce with their dignity and with their self respect intact.

 

·         Where children are involved, mediation protects family relationships and establishes a sound foundation for continued parenting.

 

·         Mediation is a forward looking process. It does not focus on the past nor does it seek to assess blame. The goal of mediation is to enable the parties to plan for and deal with their futures.

 

·         Parties are more likely to comply with the terms of an agreement which they have fashioned themselves, rather than one imposed upon them by the court. Post divorce litigation is thereby reduced.

 

·         Since mediation can generally be concluded in a limited time frame, there is less delay, confusion and uncertainty as to the outcome, and the emotional toll on the parties and on family members is greatly lessened.

 

·         Mediation is informal, non-adversarial and, in order to promote candor, totally confidential. The mediator cannot be called as a witness in any court proceeding. Settlement proposals discussed during the course of mediation cannot be revealed in later court hearings.

 

·         A party who becomes dissatisfied with the mediation process can withdraw at any time. This insures that neither party can intimidate or exploit the other party or manipulate the process itself.

 

·         A mediated agreement will generally cost a fraction of the cost of adversarial litigation in court.

 

·         Mediation recognizes that both parties have legitimate needs and helps develop options that will successfully reconcile those needs to the satisfaction of both parties.

 

·         Mediation is a process committed to self determination. Its purpose is to promote identification of issues, explore alternatives for resolution and allow the settlement of issues by the parties themselves.

 

·         Only after an agreement has been reached by the parties and reviewed and approved by their respective attorneys does the mediated agreement become final and binding.

 

·         Through mediation the parties can make agreements with respect to matters over which the court has no jurisdiction. Matters which may be legally irrelevant in court may be considered and resolved by the parties.

 

·         Through mediation, the parties can fashion creative financial and tax planning solutions which can benefit both parties.

 

·         A mediated agreement will normally include a provision for mediation of disputes that arise in the future, including implementation and modification of the original agreement.

 

·         Mediation helps improve communication between parties and thereby improves their future relationship. This is an important matter where children are involved.

 

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