Mediation

Mediation is a form of alternative dispute resolution where the parties work together with a neutral mediator to resolve issues without litigation. The desired outcome, derived through a process of negotiation and compromise, is a settlement where each person has achieved his or her primary goals.

Each party can and should have the advice of their own counsel. In advance of mediation, that lawyer educates the party as to his/her rights and obligations under local law, explores the party’s primary objectives, and provides strategic advice. If the lawyer attends mediation (which is not a requirement), the lawyer is the client’s advocate. The mediator assesses the global situation and facilitates a compromise.

Mediation offers many advantages over litigation, such as:

• Avoids the substantial expenses of contested litigation;
• Usually can be accomplished far more quickly than contested litigation; and
• Allows for “out of the box” creativity in achieving settlement that is not available to judges.

Lerch Early’s divorce attorneys are experienced in serving as and working with mediators, as well as in conducting alternative dispute resolution both in person and via remote, online platforms.