The “Understanding Based Model” approach gives the parties an opportunity to be heard.
Divorce is difficult and having to go to court is even more difficult, stressful and expensive. An option that many people may not know about or have not considered is mediation, which is a method of settling a divorce disagreement outside of the courtroom in a way that will satisfy both parties. Mediation is a process that can be used with any type of disagreement, however, it is especially effective during a divorce because it allows the parties to resolve conflict without going to court.The mediation process allows the parties to reach an agreement by providing them with the power to control the outcome. In mediation, the mediator does not act like a judge or an arbitrator. A mediator does not have the power or authority to impose a solution; rather, the mediator works with both parties to facilitate communication to help the parties discover a deeper understanding of the problems they are facing. Once parties better understand the issues between them, they are able to develop potential solutions together. In a mediation, there are no formal rules of evidence or procedure. The mediator and the parties involved will determine the ground rules for how the mediation will proceed.
There are many approaches to mediation. At The Law Office of James-Phillip V.M. Anderson, mediation is approached using the understanding based model. This means that the mediator is not going to make decisions for the parties but ask questions which develop a better understanding and give the parties an opportunity to be heard by each other. During the mediation process, the law is not ignored. The mediator will be able to inform the parties about the applicable law and provide his or her opinion as to how a judge would rule if the case went to litigation. By keeping the parties informed about the law, the parties can decide how to use this information in coming to an agreement. During the mediation process, experts may be used to determine the value of properties or businesses. This information ensures full disclosure of asset values, which allows the parties to make a fully informed agreement.
Mediation is most beneficial to parties who have children because it is so important that parties be able to communicate and co-parent for the best interests of their children after the divorce is final.
By participating in Mediation at The Law Office of James-Phillip V.M. Anderson, you will save money and expedite the process in most cases. We will guide you through the entire process of filing forms and resolving disputes. Contact our office today to schedule an appointment to start the mediation process.