If you think mediation may be the way to go, how does it work?

First pick a Mediator who knows and can talk about the Law, can draft suitably,knowing the details that fit your situation,  but can also communicate with you. Clients may wish to know the law they are deviating from, and trial attorneys (usually consulted at some point) will otherwise be quick to advise of arguable rights potentially derailing a process. Only a mediator with legal training can robustly present the law objectively. Yet you want someone empathetic. Talk to them first at the phone or in meeting.  “..more harm is done in today’s world by well intentioned people trying to do good than by people actually trying to do harm!”  [Dietrich Gorner, psychologist, ‘The logic of failure’, Holt & Co, 1996].

Our spiel is in the ‘About us’ section. We are mediators (certified) and  attorneys. We have  unfortunately experienced divorce first hand so we understand the personal impact.. We believe in a pragmatic implementation of mediation,  balancing  legal discussion, wishes, negotiation and purpose led therapeutic background. . However the process  should result in a good fit agreement, and should also leave the parties with a positive outlook and solid future footing, not just a shoehorned compromise. Law with a heart.

A preliminary consultation at the phone or personally is held to ascertain the facts and the potential viability of mediation. Meetings are then held typically for a  an hour or two at a time. In many instances, even hostile child custody situations, resolution can and has been reached in less than  day.  ( The Art of Negotiation ).

Preferably both parties will attend the meetings, but occasionally each party may be seen or spoken to separately because of the sensitive nature of particular issues. Equal time would then be afforded to both parties to ensure that fair play is evident. Sometimes the parties bring friends to a meeting or  already appointed respective attorneys.During the process both people are encouraged to keep a  respectful attitude to each other, difficult though the circumstances undoubtedly are. This \gives the best chance of a good and lasting  agreement.

The meetings will cover all aspects of legal necessity, and legal opinion  provided for context  (which an attorney is  qualified to do)  and also cover those areas deemed appropriate to ensure a good footing for the family in the future.

It is usually possible to gauge the chances of success within a few hours, which in litigation represents nothing more than a foretaste!  If it looks unlikely that there will be any conclusion, then the parties are quickly advised to explore other avenues, which are summarized. So again, abortive costs are curtailed.

Crucially, nothing is forced on anyone. The whole process is VOLUNTARY up until the end, and each party owns the Agreement.  After consensus has been reached, and possibly your external attorney has approved, a mediation  agreement is drawn up by this Firm,  and incorporated into a standard template agreement submitted to Court, either by outside no frills specialists we refer you to, or by ourselves.