Mediation is a confidential process designed to resolve disputes without involving the court. Both parties select a neutral mediator. Everything said during mediation is confidential. The process is informal and not binding on you, unless an agreement is reached and signed. Increasingly, spouses choose mediation to dissolve their marriage and reach a settlement. In the right circumstance and when both spouses are willing to compromise, mediation can be productive, efficient and can minimize both acrimony and expense.
The partners of Robin, Ferguson and Kempton have extensive experience mediating cases as the joint neutral.
Benefits of Mediation
Mediation presents a welcome opportunity to reduce acrimony in a divorce, create certainty of the outcome, and reduce the costs associated with litigation. It can be particularly effective in reaching agreements that extend beyond the court’s scope and in circumstances requiring non-traditional and creative solutions.
While mediation may not be the right choice in all divorces, many clients appreciate the convenience and tailored approach of this alternative. Participants in mediation can structure an agreement that meets their needs, instead of being constrained by the law or a judge’s interpretation of the law.
As the neutral mediator, our goal is to create a facilitative and positive environment that will allow the parties to reach a settlement in a reasonable time frame.
We recognize that your case is unique. We strive to provide our mediation clients with customized solutions that will be acceptable to both spouses, while considering psychological realities and emotional intangibles to help you reach a resolution of your case through mediation.
Engaging one of Our Partners as the Mediator
You and your spouse will meet with a partner for an initial meeting to determine whether we are the right mediator for you. Once engaged as the mediator, we will guide you and your spouse through every step of the process, including filing the initial paperwork, exchanging financial disclosures, negotiating an agreement and preparing the final agreement and associated documents.
Although, as a neutral mediator, we cannot give legal advice to either party, we are able to draw from our vast experience of family law to help both parties understand options for settlement and possible outcomes in the event your case proceeds to court.
Additionally, we have developed close working relationships with financial professionals, vocational experts and mental health resources for engagement in your case if necessary.
Mediation sessions are generally conducted with the mediator and the two spouses. However, we encourage each spouse to obtain a consulting attorney from whom they can obtain legal advice. In some cases, and especially if an impasse in mediation is reached, we may suggest a mediation session with parties, consulting attorneys, and the mediator.
Engaging one of our Attorneys for Consultation during Mediation
If you and your spouse have already engaged a mediator (or plan to engage someone other than Robin, Ferguson & Kempton as the neutral mediator) and you would like to engage us as your individual consulting attorney to advise you through the mediation process, please click here.