Columbus Family law Mediation – Alternative Dispute Resolution

The cost of divorce litigation and the extensive time involved gives one good reason to seek an alternative dispute resolution process.  Family Law Mediation is often one of the best alternatives to be considered.   The goal of mediation is to find mutually acceptable solutions to the issues at hand.  A trained mediator is a neutral individual who does not advocate for either party.  He or she simply works to assist parties find alternatives that they might not otherwise have considered so that they can find a mutually acceptable resolution of their issues.

Divorce Process Agreement Mediator

The mediator is also forbidden to testify later if the divorce mediation process does not result in a full agreement.  This gives both parties freedom to fully express their positions knowing that even if the process does not end successfully, the court will not be hearing from the mediator as to why the process did not work or as to who, if anyone, was at fault for that fact.

 While a mediator must remain neutral during the process, he or she does have the obligation not to allow an agreement to be reached if this would be especially unfair to one of the parties.  There are, however, usually a wide range of possibilities for parties to reach a reasonable agreement.  A skilled mediator will have a number of techniques that are designed to assist a couple to find alternative paths to an agreement and to help parties explore numerous possibilities for resolving their disagreements without the time and expense of extensive litigation.

While attorneys usually do not participate in the mediation process directly, it is often very important for both sides to have sound advice from their own attorney so that they are comfortable in their understanding of the issues, the laws applicable to those issues, and a good understanding of what a court is likely to do if the matter has to be resolved through a trial.  The divorce mediation process can involve one or more sessions so there is usually plenty of time to consult with your attorney before you are committed to a final agreement.

 When children are involved, especially where one of the issues is to determine an appropriate custodial arrangement, it is very important that the mediator have a strong background in understanding child development and the many psychological issues that may be at play, including the potential for personality disorders.

Similarly, when property division issues are complex, it is important that the mediator has the experience to fully understand the many financial and related tax considerations as well as the numerous implications of any potential property division result.  The competency of the mediator is essential if a reasonable resolution is to be achieved with a minimum expenditure of both time and money. 

 

The attorneys at Edward F. Whipps & Associates have over 30 years of experience in handling divorce and family law cases and understand the issues and the process that is needed for the mediation process to be successful.  They also have training and experience to help clients understand and consider the potential benefits of mediation.  They frequently serve their clients by providing sound advice when the client makes the choice to pursue a mediation approach to effectively resolving their divorce issues.  They also frequently serve as mediators themselves.

Call Our Attorneys for Initial Consultation

 If you would like to arrange a confidential initial consultation at a mutually convenient time with an attorney very well versed in Family Law Mediation, you are invited to call the Columbus office at (614) 461-6006 or the Dublin office at (614) 461-6007.