MEDIATION

Mediation is a voluntary and confidential process to facilitate the negotiations and resolution of the parties’ disputes. The ultimate goal is to reach a binding settlement of the issues in dispute through open discussions and the exchange of information. This process is particularly successful in the area of family disputes as it allows the parties to be heard and to listen to the other party’s concerns.

Mediation offers many advantages over litigation, as it is a process which allows the parties, with the assistance of a neutral third party, to reach a resolution themselves without the necessity of litigation. While it is not a substitute for independent legal counsel, it does allow the parties to avoid the cost and adversarial nature of contested litigation. It further allows the parties to pursue unique and customized settlement options, giving them control and ownership over the outcome which in turn provides for a greater chance of future compliance.

Mediation has become a very effective and efficient tool to assist parties in resolving their marital disputes. Attorneys are ethically obligated to advise clients of this process and to pursue whether it is a viable option in each case. Some jurisdictions require it prior to any litigation.

Ms. Graham frequently acts as a mediator. While Ms. Graham is an attorney, when she is acting in the capacity of a mediator, she cannot offer either party legal advice or act as either party’s legal counsel. Ms.Graham utilizes an evaluative style with her mediation clients.