One question we receive regularly from clients is whether mediation will be necessary or required in their legal matter. While mediation can be an extremely helpful tool while negotiating settlement in a legal dispute, understanding your rights and what is required of you as a party is extremely important. While requirements and outcomes will differ
Category: Mediation
Types of Cases Resolved Through Mediation
Mediation is a method used in many family law cases that provides an alternate solution for resolving your matter without appearing in court. Through mediation, many parties are able to privately come to a settlement agreement without perhaps ever needing to step foot in a courtroom. This alternative dispute resolution process is particularly appealing now,
DO I HAVE TO MEDIATE WITH MY ABUSER?
Domestic violence issues are present in many Family Court cases including those referred to family law mediation programs. Well-meaning judges, attorneys, mediators and other professionals often mistakenly believe that both parties are able to assert their own interests in the presence of the other party as long as a third party is present, and they
WHAT IS THE ROLE OF THE LAWYER IN MEDIATION?
“When you see a good move, wait; look for a better one.” – Emanuel Lasker When you think about mediation, picture a chess game. The basic object of the game is for the player to make all of the right moves in order to protect his or her King, while at the same time also
WHO ARE THESE MEDIATORS ANYWAY?
Due to the overwhelming Family Court caseload, mediation has become a definitive component in the divorce process. In order to be placed on the Maricopa County mediation roster, a candidate must have two years of experience in family court as a court official, Judge Pro Tempore or a minimum of two years of experience in
WHAT IS THE ROLE OF THE MEDIATOR?
If you are going to mediation, it is helpful to know exactly what the mediator does. The mediator’s position is to facilitate the most productive conversation in order to allow parties to reach a resolution together. The mediator’s role is to assist and guide the parties, rather than make a judgment or insert his/her own
PRIVATE MEDIATION VS. COURT ORDERED MEDIATION
Before we dive into the different avenues to get to Mediation, I want to explain the difference between Private Mediation, Court Ordered Mediation and Arbitration. Private Mediation and Arbitration are often assumed to be the same thing, but they are not. Mediation vs Court Mediation is a settlement process that takes place with the assistance of
BENEFITS OF ALTERNATIVE DISPUTE RESOLUTION
You’re In Control: Most people do not enjoy or look forward to going to Court. It is a very stressful situation and the Judge is ultimately in control of making the final decisions. Mediation or arbitration gives you the option to be in control of the outcome and negotiate what will work best for you.
WHAT IS MED-ARB?
Med-Arb is the process of combining mediation and arbitration. If you believe that mediation and arbitration are the best options for solving your dispute, simply retain a mediator and have the agreement to mediate/arbitrate include provisions authorizing the mediator to make final decisions, as an arbitrator, on any issues which you cannot agree. The arbitrator
WHAT IS ARBITRATION?
In my blog last week I discussed the process of mediation. What happens if mediation doesn’t work? If the parties cannot come to an agreement on the issues during mediation, the mediator can become the arbitrator for the parties if they agree to such an arrangement. In such cases, the arbitrator is authorized by the
