The end of an intimate relationship can be disruptive, painful and confusing. When children are involved, the stakes get even higher and the emotions can become even more incendiary. Resolving issues of parenting and property division in public, in a courtroom, should be our last resort. Litigation, while sometimes necessary, can be expensive and invasive. There are better ways to untie the knot.

It is my belief that we should first look to the parties—not to the legal system—to determine what outcome is most equitable and best meets the needs of the children. In most cases, even when emotions burn hot, mediation can help guide the parties to a fair and responsible resolution. And at a fraction of the cost of litigation. The process of mediation provides the best opportunity to establish a post-divorce relationship that is respectful and even supportive.

 Lawyers serve an essential role in the mediation process, helping their clients gather information, counseling them about their legal rights and preparing final documentation. But the clients remain at the center of the process. After all, they are the ones who will have to live with the new arrangement.

At the outset, most couples are extremely skeptical about the process and doubt that a non-adversarial resolution is possible. Nonetheless, they reach a complete settlement about 90% of the time. Consider whether it’s worth a try. You have nothing to lose.

At some point in our lives, most of us will have to rely on the services of a professional—a doctor, lawyer, engineer or other skilled provider. And sometimes, that professional makes a costly mistake.

Litigation over that mistake is expensive and can take years to resolve, requiring the services of experts, the exchange of mountains of documents and depositions of numerous witnesses. And nowhere do we have the opportunity to have a candid conversation with one another about what really happened and why.

Personal injury and malpractice cases typically are resolved through settlement conferences, but I believe that the particular style of mediation that I have practiced the past forty years is especially satisfying to parties on both sides of such cases.

Whether conducted in person or by remote means, the first stage of mediation provides a forum for attorneys for the plaintiff and the defendant to lay out their arguments, claims and defenses to one another. This is followed by a detailed description by the parties themselves of the incident or occurrence and how it affected them—allowing for emotional “venting,” if needed, and to provide an opportunity to be heard. Some clients call this “having your day in court,” which can be critical in opening up substantive settlement negotiations.

Especially in malpractice cases, having the opportunity to speak candidly to the other side can be critical not only for the plaintiff, but for the defendant as well. Doctors and lawyers, as well as other professionals, can be emotionally burdened by the consequences of their mistakes. Because it is confidential, mediation allows both sides to acknowledge the human side of the incident and achieve a feeling of closure. Malpractice mediation recognizes that reaching an agreement is about more than money.

Probate Mediation

Family Mediation