Mediation

Mediation has become a preferred alternative to litigating disagreements in court. Litigation is very costly and is a difficult process to go through. Mediation is a much less costly process where the parties voluntarily agree to employ a professional Mediator to guide them to an agreed resolution of the dispute. Not all disputes can be resolved in this manner but more and more are being handled in this way.

Mediation can be effective in many different legal areas. It is now common for divorce, asset division, and custody disputes. It can be used to address work place disputes such as discrimination and wrongful termination. Mediation is now also used in many situations seeking damages for personal injury and has also proven to be effective for business disputes.

In this procedure, the parties employ a mutually agreed-upon professional Mediator; they meet with the Mediator on one or more occassions (with their attorney, if applicable). The Mediator assists and guides the parties toward a fair resolution of the dispute. A good Mediator will listen not only to the nature of the dispute but also to the issues that led to the dispute.

Mediation is non-binding and can only exist if all parties agree to attend mediation. It is especially helpful in cases involving emotional tension, such as divorce, separation, and issues involving children. Instead of the parties being adversarial to each other in a courtroom and creating additional emotional wounds, mediation brings the parties together for a common cause.  The parties are encouraged to put aside their strong emotions toward each other and to focus on what is in the best interest of their children and on the fairest ways to divide marital property.

In the course of advising our clients, Kerstein, Coren & Lichtenstein will explain the benefits of mediation and will asses whether it is appropriate for their needs.

Kerstein, Coren & Lichtenstein offers certified Mediators who are available for parties to settle their differences.