Mediation is a process in which parties hire a neutral third party to assist them in reaching agreements. The Mediator may or may not be a lawyer. A mediator can provide general information about the law and the legal process and guide a discussion to help the parties resolve issues. A mediator does not, however, represent either party and cannot provide legal advice. Mediation may occur with parties who have retained lawyers, as well as, parties who are not represented.
Generally, parties exchange information, brainstorm and negotiate with one another in the presence of the mediator. The goal of mediation is to assist the parties in reaching agreements that meet the needs of both parties without the financial and emotional cost of contested or protracted legal proceedings. The parties must still prepare the pleadings and other required court forms, sometimes with the assistance of the mediator, unless one or both also retain a lawyer.
Mediation and Collaborative Divorce share some common characteristics. Both processes use an interest-based problem-solving approach to negotiation, which seeks to identify outcomes that meet the needs and objectives of all parties. Both have the goal of guiding the parties to a personalized, respectful resolution that facilitates communication and minimizes conflict. Both emphasize client education, leveling the balance of power to assure both parties' effective participation, listening skills and creative problem solving. Both mediation and collaboration allow the parties to retain privacy and control throughout the course of the process.
At Kaehne, Cottle, Pasquale & Associates, S.C. we offer mediation sessions at competitive rates. Both parties to the mediation sign confidentiality agreements in order to ensure that they can speak openly and honestly about their issue in an effort to come to a satisfactory and reasonable agreement on their contested issues. Call us today at (920) 459-8490 to schedule a free telephone or in-personal initial consultation to meet with a mediator.