WHY MEDIATE?
Many people dread the emotional and financial cost of going to trial. Fortunately, there are other options. One of the best options is mediation. Most family law cases settle because of mediation. It is a common part of the divorce process, and it is required in many counties before the divorcing parties go to trial.
The Clark Law Office offers mediation services. In mediation, the different sides to a dispute meet with a neutral person who has no stake in the case--the mediator. The mediator's goal is to help the sides resolve their differences. Because it is a confidential process and is less formal than a court hearing, the parties can focus on their most important issues.
Mediation can be used to resolve almost any family law-related issue, including:
- Issues regarding children, including: timesharing scheduling; relocation issues; private school and college expenses; child support; communication between parents about child issues; telephone calls; legal and physical custody, both temporary and permanent; final decision-making ability; timesharing for grandparents; tax credits; medical expenses and health insurance; and how problems regarding children will be resolved in the future.
- Financial and property issues, including: how to divide personal property (this is a big one the Courts do not want to rule on); cars--changing titles, handling remaining debt balances; stocks and bonds; bank accounts; life insurance policies; priority tickets (like UK basketball or football tickets); what to do about a family business; what to do about a family home and other real estate; how tax returns will be filed-- especially pertaining to tax exemptions when there are children; maintenance--whether the people agree to it, how often and for how long; and how to divide retirement benefits.
Mediation can be helpful at any stage of the divorce process, or even after the divorce as issues arise. It is also helpful for people who have never been married but have issues such as child custody and child support. Some people use mediation throughout the entire court process, returning to it periodically, as needed, until they have resolved all issues. Some people participate in mediation to begin sorting through their difficulties before they even file court documents.
Mediation can also be a very useful tool in the probate process to resolve disputes over estates after a loved one passes on. Mediation can save the parties a great deal of money and hardship.
The possibilities are truly endless. Virtually any issue upon which the parties cannot agree can potentially be resolved through mediation.
Call or E-mail Our Mediation Attorneys Today at 859-317-2018
CHOOSING THE RIGHT MEDIATOR
The following are just a few possible questions to ask as you choose a mediator. If you are working with an attorney, you will make this decision together with your attorney.
- Do you want a mediator who is an attorney? What about an attorney with a particular legal background? Most mediators are attorneys. An attorney has the obvious advantage of familiarity with the legal process: motions, orders, legal terms, etc. It is also an advantage to use a mediator who has practical experience with your type of case. Using an attorney who has handled divorce cases means that he or she will have at least some familiarity with family law issues. An attorney familiar with the probate process and estate planning will have some skill in addressing those types of disputes.
Make sure your mediator has the level of experience you trust. - Training as Mediator. Many mediators are specifically trained in the skills they need to mediate successfully, and they obtain continuing legal education to further polish their skills. Not all mediators are trained. Some mediators conduct mediation without any training. Carefully consider whether the qualifications of the mediator, as a mediator, are important to you. Often, a mediator who has been trained will have developed the special skills necessary to get the case settled.
- How complex is the case? If your case is very complex, you will want to make sure that the mediator has sufficient experience to deal with the complicated issues. If you determine that the mediator is not familiar with the terms or concepts, or does not understand the complex issues, you should seek a mediator with more expertise.
- Cost. You will want to find out what the mediator's rate is and determine who will be paying for the mediator's services. Mediators usually expect payment "up front," and they charge a wide variety of rates. A less costly mediator can sometimes be as effective as one who charges more. It is important to get recommendations and have confidence in the mediator you choose.
