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| "Discussion is an exchange of knowledge; argument is an exchange of ignorance."
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| ~ Robert Quillen |
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Legal Newsletters
| 1.Mediation: Today’s Approach to a More Economic Settlement |
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In today’s economy, more couples are seeking out mediation as an avenue to resolve the issues confronting them in their divorce. In mediation, the trained mediator assists the parties involved in a divorce process to voluntarily reach a settlement that is acceptable to both parties.
The role of the mediator is to facilitate discussion between the parties that helps the parties to determine their objectives and options involved in their particular conflicts. The mediator’s main role is to assist the parties in setting forth their key issues and determine their goals for reaching resolutions and then help the parties to resolve the conflicts by generating possible options that resolve the conflict while removing any barriers that could prevent resolution.
Mediation can be utilized by parties involved in any type of conflict or dispute. If mediation is utilized and works, the process can save you time and money. Mediation not only allows you to have increased control over the process, but allows you to be more involved in structuring the agreement since it is you who works through it rather than your attorneys. When parties are directly involved in resolving their agreement, they are the ones that determine what is done in terms of the division of both the assets and liabilities, as well as the spousal support, custody arrangements, and parenting time.
Mediation not only saves time and money, and allows the parties to be in control of their settlement, but it also enhances communication during the divorce process. This enhanced communication allows the parties to have a more amicable settlement and in turn, establishes the foundation for a more cooperative future relationship between the parties.
The mediator’s role is to serve as an advocate for a fair process and to facilitate effective communication among the parties. The mediation process is assisted negotiations, and the parties develop a memorandum of understanding with what they have agreed upon in resolving their conflict or dispute. The goal in mediation is to resolve a dispute whether it involves a family or divorce matter, debt, labor strike, employee termination, lease, or property interpretation.
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