Rule Of Right, Not Might
Schererville Family Law Mediation Lawyers
Mediation Attorneys In Lake County, Indiana
We serve Northwest Indiana and the surrounding towns and counties
Mediation is a technique used to resolve differences by obtaining agreements with the aid of a neutral third party, a mediator. The mediator’s goal is to help the parties reach an agreement on one or all of the outstanding issues brought before them.
The benefit to mediation is that is that you and the other party can create a solution that works best for you and your family rather than having the Judge decide all issues.
NEUTRAL THIRD PARTY
Mediation is a technique to resolve differences by agreement with the aid of a neutral third party - a mediator. An attorney-mediator has training in both the legal practicalities as well as problem solving skills.
COST & TIME SAVINGS
A divorce or post-decree case can be an expensive argument. The monetary loss includes two sets of legal fees, lost income due to court appearances, and, in the case of a divorce, a division of marital property that had formerly felt like “yours”. The cost to your children can be exorbitant, including loss of time with their parents and loss of family funds for their needs.
Mediation can save substantial time and money. In the best case scenario, three hours of mediation can save tens of thousands of dollars compared to a heated custody battle. Even when only partial agreement is reached in mediation, the savings can be significant.
LEARNING TO AGREE
A divorce does not end the interaction between you and your child’s other parent. Learning to compromise in parenting decisions is an important skill which you will need in the future.
Your attorney-mediator is obligated to report certain information to appropriate agencies in the case of suspected abuse, neglect or imminent harm. Otherwise, your attorney-mediator is not allowed to communicate to the representing attorneys or the judge as to any matters discussed in the mediation process. At the end of the mediation, your attorney-mediator will report to your Judge only as to whether an agreement has been reached.
GOOD FAITH ATTEMPT TO REACH AGREEMENT
It is important that you approach the mediation process with an open mind. The more you have decided there is only one “right” solution, the less likely you will recognize a different and better solution. To obtain the benefit from the informal, confidential and neutral mediation sessions, each party must be prepare to meet in good faith with the intention to settle matters if possible.
Your mediator will continually remind you that there are decisions to be made for your children that require each of you to lose something.
IMPEDIMENTS TO MEDIATION
A mediator is trained to intercept and / or overt the ways in which one spouse has gained past control over the other spouse. In some cases, the mediator will decline to proceed with the process if he feels the power imbalance is detrimental to negotiations.
A similar problem arises where one spouse is incapable of cooperating as a result of his / her abilities. That issue usually arises in the context of substance abuse. If the mediator feels a participant is impaired the mediator will decline to continue mediation.
Mediation can save you time and money. Contact Funk & Wendlinger, LLC, to talk to an experienced family law mediation attorney about your case.