Mediation

Welcome to Mediation! - the personal, private, final and fair means of settling your Family Law issues. Stephen Gaddis, is a retired Superior Court Commissioner and Judge, having served over 27 years on the bench, after practicing law for 10 years, and now having served as a professional mediator and arbitrator in the three years since retirement from the bench. Years of experience have taught him that the best solutions to family issues come from the family, itself, and are not those imposed by an unknowing, third-person judge, however well-intentioned that person is.

Mediation is a dispute resolution process in which the parties themselves decide the outcome of the pending legal issues, aided by a skilled, neutral person who is knowledgeable, both in the issues and the processes available. It is the preferred means of dispute resolution because no one is more knowledgeable or better able to settle your matters than you! The parties, not a stranger judge, make the decisions; it is private (not like court, in which everything you say is recorded and documents are scanned for publication on the Internet); it gives you a final outcome (parties agree so there are no appeals or post-trial motions); it is cost-effective (you can schedule the date, time and degree of formality of proceeding you wish); it is convenient (you meet in private offices); it can be far less expensive than trial (no pre-trial conferences, witness preparation, trial briefs, waiting time for court); and most of all it is based on your family's own situation -- the outcome is not dictated by "precedent" (what the Supreme Court or Court of Appeals decided as the best outcome in similar - but not your - case).

The Goals of Mediation include, as a minimum, the settlement of the legal issues pending before the court in a judicial proceeding. Mediation also sets an example and models dispute resolution in a way that can be applied to future differences with each other, family members, and even other persons in a community or employment setting beyond the settlement of legal issues. At its best, the process will assist one in seeing issues in a new light that can be transformational or even transcendent.

The Role of the Mediator is to facilitate discussion and negotiations in a healthy way that will lead to a settlement of the issues. The Mediator, though legally trained, remains neutral and does not serve as a lawyer for either party. That is why thoughtful parties are accompanied by their own attorneys in mediation to counsel, advise and recommend any offers made and review settlement documents.

Steps in the Process - (Note: the parties only see one another in mediation, if agreed to in advance.)

1. Establish Ground Rules. The Mediator will introduce you to the means and tools to be used in the process, and handle the paperwork and disclosures required by the Uniform Mediation Act.

2. Gather Information. Attorneys and Mediator will identify and gather the factual information necessary to achieve a full and final settlement of the matters at issue. This is accomplished by the exchange of settlement letters and creation of draft documents and a Property Spreadsheet.

3. Identify Issues & Interests. The parties meet privately with their attorneys and the Mediator in a separate room to identify the issues and interests from your point of view. Emphasis is placed on "moving forward" and not re-hashing past problems, except as they may directly affect the outcome.

4. Negotiation. The parties then negotiate by exchanging written offers thru the Mediator, who assists you and your attorney in brain-storming outcomes, tempering requests by commonly-expected outcomes, and by answering, discussing and evaluating various possible outcomes.

5. Draft Paperwork. While offers are being exchanged and thereafter, the Mediator will supervise the completion of the paperwork necessary to memorialize the agreement reached.

The Nature of Conflict. Whether a matter is negotiated, mediated, arbitrated or litigated, there will be challenges. It is natural to want to avoid conflict and confrontation, yet often this must occur for a fair outcome to be achieved. One must look within as well as without to identify our true needs and interests. This can be difficult, especially while suffering a loss, such as ending a relationship. By managing this within the safety of the mediation process rather than in a public courtroom, the values of introspection, dignity, respect, privacy and growth can be affirmed and redirect a person to a new, healthy path, free of some of the constraints that were controlling and limiting previously.

Mediation Outcome. The outcome of the process is a fully binding, written agreement set forth in a "Civil Rule 2A Stipulation," signed by the parties, their counsel, and the Mediator. This makes the settlement effective immediately, even though the legal papers may need to be prepared later for court approval. Civil Rule 2A is the special rule adopted by the State Supreme Court which authorizes binding, non-appealable, private settlement of civil litigation. If time and circumstances allow, the final court papers for any one issue will be drafted by the lawyers, while other issues are still being negotiated. Ideally, all final papers can be drafted and signed by all at the mediation session's ending.

If a full settlement is not reached at the mediation session (in some cases the issues are so numerous or complex), a second mediation session may be scheduled. In other cases the parties agree to have the Mediator arbitrate the remaining issues. If the matter was close to settling and time expired, the Mediator may leave the parties with an oral or written recommendation as to the remaining issues. Finally, there are occasional cases in which a party may not negotiate in good faith or the parties simply need to have someone else decide what is best for them, so the matter returns to the negotiation and litigation track.

Conclusion. Kenneth Cloke wrote in Mediating Dangerously, that life is a series of negotiations. Mediation of your Family Law matters will likely lead not only to a settlement of the legal issues now before the court, but will set the scene for successful future negotiations that may involve the same parties and families, as well as with other persons in employment or community settings. All the while, you will be spared the great emotional and financial hardship that litigation of those same issues would cause. Parties leaving a mediation setting feel listened to, affirmed and relieved. Ask your lawyer or friends how people feel after going to court - no, better not!