Mediation
Q: I am in the process of separating from my spouse and mediation has been suggested as a way of resolving our differences. What is mediation and how can it help me?
A: When separating/divorcing, there are decisions to be made regarding division of money, assets and child related issues. Often, each party gets a lawyer and the two lawyers reach a settlement. Mediation is a process whereby one impartial mediator works with both parties together to voluntarily reach a mutually acceptable settlement. A qualified mediator will help both people equally and will ensure that both sides are heard. Mediation has many benefits:
1.It is less expensive—1 mediator is less costly than 2 lawyers and your lawyer can still approve the final settlement.
2.It is less adversarial—you work it out together.
3.There is a more positive outcome—everyone is happier because they have worked out the solution themselves.
4.It is more fair—everyone gets the necessary information and threats and coercion cannot apply.
5.There is a greater sense of personal empowerment– you have negotiated your own settlement rather than having lawyers or the court impose it on you and therefore, you are both more likely to follow through with it.
Through Elayne Tanner & Associates I have developed associations with professionals that I know to be highly qualified, skilled, and experienced in their specialized areas. I have done the screening and financial negotiations for you. If you would like to know more about mediation or wish to be referred to a mediator I have confidence in, please contact me and I would be happy to assist you.
Private: Mediation
Mediation: The Best Way to Resolve Conflict
We probably all know someone who has been sued. We have all read newspaper stories of someone suing another in a court of law. This is called Litigation. It almost always involves a dispute that the parties cannot resolve through communication or negotiation. It always involves lawyers and the court system. Litigation is both expensive and time consuming. The longer it takes to reach a settlement the more expensive it becomes. Litigation can drag on for years draining the parties both financially and emotionally.
If your dispute reaches the trial stage then the outcome can be decided on the quality of the lawyers and experts hired rather than on the merits of the case. Judges, at the end of the day, must choose one side over that of the other. There is no middle ground or creative solution possible that appeases both sides—someone wins and someone loses. Regrettably, sometimes the party who wins feels like the loser once they have finished paying their legal fees!
Mediation is a process where an impartial neutral person, the mediator, assists the parties involved in a dispute, to voluntarily reach their own mutually acceptable settlement of their issues. The mediator’s role is to help both parties equally. He or she will ensure that the process is conducted fairly, with both sides being heard. With the mediator’s help, the parties themselves present ideas to resolve their issues and decide their own solutions.
The mediator will ensure that an atmosphere exists where certain kinds of power, like threats and coercion or control can’t be used. Both parties are given the same information necessary to resolve their conflict. In this way even the unempowered feeling person can take part in the mediation.
Mediation has many benefits. It is less expensive than litigation. A quicker resolution can be obtained. The parties are usually happier in the outcome because they have actually worked out the solution themselves. It has been proven that parties that can work out their own issues will usually follow through with what they have agreed to. Lastly, there is a far greater sense of personal empowerment when parties can negotiate their own settlement rather than where lawyers or the court imposes the settlement on them.
Mediation is particularly effective for individuals going through a separation or divorce. It can lessen both the emotional and financial burden of a marital breakdown.
The Halton area now has a unique service available in the area of Family Mediation. Marilyn Samuels, a lawyer and trained mediator and Elayne Tanner, a registered social worker and family therapist bring their unique perspectives to help separating or divorcing couples reach a mutually satisfying separation agreement, which meets the legal and personal needs of both individuals while at the same time, is in the best interests of the children.
Combining legal knowledge with the knowledge of family dynamics and child development, Marilyn and Elayne offer a holistic, all-encompassing resolution of the difficult issues arising from a marital breakdown.
For further information call Marilyn Samuels at 905-854-4942 or Elayne Tanner at 905-854-0801 or click on the link below.
