Collaborative Mediation for Families in Dispute
As a general rule of thumb mediation is a great tool for parties that are struggling with communication but have issues that need to get resolved. Collaborative Mediation takes it one step further and utilizes the collaborative practice principles by being attentive to each parties’ needs and interests and then helping to problem solve to make a plan for the future. Mediation is cost effective, timely and client controlled.
What is Mediation? Mediation is a voluntary, non-adversarial process involving a trained, impartial third party mediator. The parties, not the mediator, make the decisions. The mediator is the facilitator. The outcome is a voluntary settlement reached by the parties themselves. Mediation can be effective when conflict and anger are high and communication has broken down.
With Collaborative Mediation, the parties agree to use collaborative principles during mediation and commit themselves to settling the case without going to court. There shall be no threat of litigation during the process.
Mediation can help with all aspects of a divorce or with certain topics that parties struggle over during the divorce process including:
– Asset Division (home, retirement accounts, business, etc.)
– Custody (parenting time schedules, transition, parenting plans, etc.)
– Co-Parenting (child rearing, discipline, education, etc.)
Mediators do not make decisions for you, provide therapy, provide legal representation or perform legal services for divorcing people. Rather a mediator will devote energy to helping the parties obtain a fair agreement.
What are the Benefits of Mediation?
- Helps parties to exchange views and information
- Focuses attention on the children and in doing what is best for the children
- Helps reduce conflict and hostility
- The position of the other party is not filtered through lawyers
- The parties have more control over the outcome
- Allows the parties to take charge of their lives and design a plan for their future that will be good for themselves and for their children
- Hard bargaining tactics are avoided
- Can make termination of a relationship more amicable and less traumatic
- A mutually acceptable solution lets both parties be winners and respect each other
- Can and should make post divorce relations easier
- Children of parents who mediate usually adjust better to their parent’s divorce
- Presents a cooperative model for addressing future changes in the lives of the children
- Statistics indicate that over 80% of all mediations result in settlement
For a consultation to determine if Mediation is right for you, contact Heart Law at 651-337-1333 or email at [email protected].
Collaborative Law Institute of Minnesota Website: