Family Mediation is a voluntary way of resolving disputes
A trained mediator, usually a lawyer or other experienced professional, helps parties resolve their disputes. When such professionals work as family mediators, their job is to help the parties to reach an agreement on such issues as custody of, and access to, the children, support payments, division of property, or any other family-related issue. Mediators do not take sides or make decisions for the parties and they cannot give legal advice.
Fairness of the mediation process requires that both the courts and the mediators protect the parties’ rights and their ability to make free and informed choices about whether and how they would like to settle the issues between them. Mediation services are strictly voluntary and can be useful when the parties can deal with each other on an equal footing. Mediation is confidential, informal and less expensive than other processes: the parties reach a decision together after having provided mutual input. Statistics show that a mediated agreement is more likely to be followed by the parties than other means of dispute resolution.
What happens after an agreement is reached?
The mediator will prepare a mediation report and forward it to the parties and their lawyers. The lawyers may then draft a formal Agreement, which reflects the terms reached in mediation. If this Agreement is drafted and signed by both parties with their independent lawyers, it is then legally binding.
We are prepared to assist clients in mediation or in arbitration to ensure their case is fully and clearly defended. Howard Nightingale Professional Corporation provides mediation for family matters, estate disputes, and business concerns.
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