Marion Mediation Lawyer

Mediation is a form of alternative dispute resolution in which two parties in dispute meet with a mutually selected and impartial third party to negotiate an agreement that resolves the dispute. The third party in these negotiations is referred to as a mediator or a mediation lawyer. 

Mediation often begins with a joint session in which both parties meet with the mediator to determine the issues that need to be addressed. The parties will often meet one-on-one with the mediator to discuss their positions and concerns. Additional joint sessions can then be held to iron out the details of a divorce agreement to be submitted to the court.

The mediator can also use the financial data provided by the parties to help them develop and consider suitable plans for dividing assets or determining spousal or child support. Other decisions that can be made through mediation include parenting time agreements and the allocation of debts.

While divorce is a common use for a Marion mediation attorney, mediation can also be used to resolve disputes in other areas, such as contract disputes or personal injury cases. After mediation, the parties can either voluntarily submit their agreement for court approval or request that the court resolve any outstanding issues.

The court process traditionally used in divorces is often a contentious process in which each side attempts to smear the other side to “win.” For many couples, mediation offers a less abrasive process in which the two parties can work on negotiating solutions that work best for their family. Mediations are typically much less time-consuming than the court process, as the parties are not subject to the schedules of the court. This results not only in a faster resolution in most cases but also in less expensive ones.

Mediation also offers more privacy for the parties involved. Court procedures are typically open to the public and the information discussed in public hearings can be accessed by others. The details of mediation sessions are private, offering a safe place to discuss financial matters, the best interests of children, and other private family details.

Court decisions for divorces and other civil disputes are often resolved based on formulas and financial data. While finances are an important part of the discussion in most cases, each divorce is a unique event involving unique parties and issues. Mediation recognizes that and provides a fertile ground for creativity between the parties as they work together toward the best resolution possible for their family, their personalities, and their situation.

When parties in dispute can work out their resolution, they are more likely to comply with the provisions of the agreements. Particularly in matters involving children, the ability to preserve the working relationship of co-parents has a positive impact on all family members in most cases.

When two parties are divorcing or attempting to handle another type of civil matter through mediation, the mediation lawyer in Marion, NC has a crucial role in the situation. However, this role never involves making decisions on behalf of the parties or determining who was at fault for the issue. Instead, the Marion North Carolina mediation lawyer is responsible for ensuring healthy collaboration between the parties, interpreting and communicating the concerns of each party to the other, framing the issues that need to be addressed through the process, and helping the parties finalize the terms of an agreement.

A successful mediation will not only address the immediate issues that need to be resolved through a divorce agreement but can also lay the groundwork for future interactions between the parties as they continue to navigate long-lasting issues such as parenting decisions. Divorcing couples who undergo mediation often gain some tools for conflict resolution through the experience.

While mediation is an important tool for many divorcing couples or disputing parties, it doesn’t work for everyone. If parties are unable to stay focused on resolving issues instead of arguing or ultimately creating an agreement that covers as many outstanding issues as possible, the mediator also has the task of ending the mediation session. The parties will then need to seek a resolution through court. Those who are most likely to benefit from mediation are those who are having difficulties resolving a dispute on their own due to resistance to confrontation from the other party, who would likely be unable to meet face-to-face to resolve their dispute without a third party to facilitate the discussion, but who are willing to participate in the process to resolve the dispute as peacefully as possible.