Mediation is a process where both parties agree to the employ of a neutral, impartial third party, who assists in helping them reach a voluntary agreement. Such agreements may include any and all aspects of a family law case, whether financial division, creation or modification of a parenting plan, child support, or any aspect of a separation or dissolution that requires an equitable and fair resolution.
The purpose of mediation is truly to help reach agreements directly between the two parties since they are not only most knowledgeable about the facts and circumstances of their case, but most familiar with what terms and provisions should be implemented in order to obtain a fair and satisfactory resolution. Ultimately, mediation affords the parties an opportunity to make the decisions themselves without relying on the court to determine what’s best for your children or finances.
Mediation typically occurs out of court in a private setting. It is non-adversarial and confidential so that the parties are not fearful or apprehensive of sharing information that could be used against them later in court. There are benefits to mediating: It is cost effective and time efficient.
Specifically, provided an agreement is reached, then the parties are able to enter the terms and provisions of the agreement in a CR 2A stipulation, which then becomes binding between the parties. Short of entering final pleadings in court that reference and include the CR 2A Agreement, your case is complete, usually the same day. Additionally, mediation is cost effective since you may conclude your case without the need to expense more costs associated with on-going legal representation, court hearings, or potentially even trial.
A competent mediator is one who has experience litigating family law cases in court, a thorough understanding of the family law issues and relevant law on point, as well as familiarity with the judicial officers currently assigned to the family law docket in court. Furthermore, a competent mediator is typically one who is a natural problem solver and focused on helping parties move beyond their disagreements.
If you have questions or would like more information on mediating with Paul DiNenna, please don’t hesitate to contact DiNenna & Associates.
Phone for Free Consultation: 509.325.0125