• PRE-SUIT MEDIATION

Mediation is an alternative dispute resolution process designed to help the parties to a legal action (or prospective legal action) negotiate an agreed-upon settlement.  The mediation process is most often used to create a signed, written agreement between the parties, with the intent that this agreement will be legally binding.  It can be submitted to a court if there is a pending legal case, or it can be a private agreement that will only be presented to a court if there is a breakdown or dispute and interpretation or enforcement is required.

In family law cases such as dissolution of marriage or paternity, the divorcing spouses or the parents try to negotiate an acceptable agreement with the help of the mediator, who is neutral and there only to assist the parties through the process and help them weigh alternatives, address all issues, and memorialize an agreement.  The mediator does not give legal advice and does not make any decisions about the case.  

Mediation discussions are considered confidential settlement negotiations which are not shared outside the mediation parties, so discussions can be candid and open in an attempt to settle the matter.  Civil penalties may be incurred if parties disclose the confidential mediation discussions outside the mediation.

Mediation can help to improve communication and make your future interactions a little bit easier and will effectively reduce the cost, time and stress involved.