What is Mediation?
by Timothy J. Mordaunt
|
"I
favor mediation because it encourages people to treat each other with
respect. They don't wind up indebting themselves and eating up all the equity
they have with lawyers' fees. The goal is to work out something reasonable.
There is a range of possible, acceptable outcomes..."
A
judge
|
Mediation is a voluntary, cooperative settlement process in which a neutral
professional helps you make practical, informed decisions to resolve your
differences. It is used frequently and successfully by separating and divorcing
couples who want to plan their futures rationally, in an atmosphere of
cooperation and mutual respect.
With the guidance of a trained mediator, you work together through
a series of orderly steps to create a fair and reasonable agreement. The
mediator helps you define the issues to be settled, gather and analyze the
necessary information, and communicate effectively.
 |
Fighting
rarely results in winners |
After
evaluating your options, you—and only you—make the decisions that become our
agreement. The goal of a successful mediation is to reach an agreement that
is custom-made for your family, your finances, and your future. At the
conclusion of the mediation process you will have a full and complete
Property Settlement And Separation Agreement ready to be reviewed and filed by the attorneys
of your choice.
[Back to Top]
Why Use Mediation?
by Timothy J. Mordaunt
Mediation can help you address countless issues.
With a mediator's help, you can make decisions about such issues as:
- Living arrangements
- Parenting schedules
- Child support
- Spousal support
- Division of property
- Debt allocation
To assist you in your mediation, Buffalo Mediation Associates maintains a wide network of consultants including attorneys, accountants, financial planners, career counselors, pastoral counselors, and therapists.
The Mediation Center is listed in The National Referral Service for Divorce and Family Mediation.
Mediated Agreements are Faster and at Less Cost… Financially and Emotionally
[Back to Top]
Basic Concept of Mediation
by Timothy J. Mordaunt
|
"In this era of huge litigation volumes, exploring the potential for alternative dispute resolution mechanisms has never been more important. The cost of litigation today, emotional and financial, is often so high that at its conclusion, it is hard for either party to be a winner."
Chief Judge Judith S. Kaye
|
Mediation is commonly associated with divorce, but this process is being applied successfully to the resolution of various disagreements: between customers and businesses; with neighbors; in family conflicts; in divorce, child custody, visititation and support; between businesses as well as employment and labor/management issues.
Good will is difficult to measure and value, but mediated parties are generally more cooperative with each other upon the conclusion of mediation. In addition, because resolutions are mutually created and agreed upon rather than imposed, compliance is greater than secured through litigation with fewer return visits to court for enforcement.
Mediation is not touchy feely counseling. Issues related to blame, fault and guilt must be referred to a counselor. Mediation is not a panacea for all manner of disputes and disputants.
Certain issues require a full hearing and a judicial determination. Certain disputants present a need to engage in protracted litigation to punish their opponent and/or have their day in court in order to disgorge their story and exact their pound of flesh, no matter the financial costs. This mentality is analogous to Primal Scream Therapy popularized in some counseling circles.
A client's attorney may participate in the mediation process. The attorney may be consulted and provide advice to the client between mediation sessions or actually attend mediation with their client. Upon settlement, the mediation participants are encouraged to consult with their attorney prior to signing a Property Settlement And Separation Agreement.
[Back to Top]
