A Guide to Successfully Mediating Disputes

 

Family disputes can be emotionally charged and complex, making the mediation process particularly challenging. Whether it is disagreements over inheritances, parenting plans, or sibling rivalries, finding common ground within the family dynamic, with the help of a mediation Lawyer Brisbane, is crucial for fostering healthier relationships.

 

Here are some tips to help you not only survive but thrive in the mediation process when dealing with family conflicts.

 

Approach with Openness. Family dynamics are unique, and approaching mediation with an open mind is paramount. Acknowledge that everyone involved may have different perspectives and emotions. Be open to understanding the point of view of others, even if it differs from your own.

 

Choose a Mediator Familiar with Family Dynamics. When selecting a mediator, opt for someone with experience in family disputes. A mediation Lawyer familiar with the intricacies of family dynamics can better navigate the emotional terrain and guide discussions toward resolution effectively. This expertise is particularly crucial when dealing with issues like inheritance, estate planning, or custody disputes.

 

Establish Ground Rules. Before delving into the mediation process, establish ground rules that emphasize respect and active listening. Encourage each family member to express themselves without interruption, creating an environment where everyone feels heard. Setting these ground rules helps manage emotions and ensures a more constructive dialogue.

 

Prioritize Communication. Effective communication is vital in family mediation. Encourage open, honest, and respectful communication among family members. Emphasize the importance of actively listening to the concerns of other people, fostering an environment where everyone feels comfortable expressing their thoughts and emotions.

 

Consider the Future Relationship. Family mediation is not just about resolving the immediate dispute but also about preserving and enhancing future relationships. Keep in mind the long-term impact of the resolution on family dynamics. Strive to find solutions that, while addressing the current issue, also contribute to building stronger family connections moving forward.

 

Address Emotional Components. Family disputes often carry a heavy emotional burden. Acknowledge and address these emotions during the mediation process. Encourage family members to express their feelings and concerns openly. A mediation Lawyer can help navigate the emotional landscape, ensuring that these emotions are considered in crafting a resolution.

 

Explore Creative Solutions. Family conflicts may not have one-size-fits-all solutions. Encourage creative brainstorming and be open to alternative resolutions. Consider compromises that may not be immediately apparent but can address the underlying needs and concerns of each family member.

 

Focus on the Best Interests of Children. In cases involving parenting plans or custody disputes, prioritize the best interests of the children. Ensure that the mediation process centers on creating a supportive and stable environment for the children involved. A child-centric approach can help family members find common ground and build a cooperative co-parenting relationship.

 

Seek Professional Support. Family disputes can be emotionally taxing, and seeking professional support is essential. Consider involving a therapist, counselor, or a mediation Lawyer who specializes in mediation to provide additional guidance. These professionals can offer valuable insights and support to navigate the complexities of family dynamics.

 

Document Agreements. Once an agreement is reached, document it clearly and comprehensively. Detail the terms and responsibilities of each family member to avoid future misunderstandings. A well-drafted agreement serves as a reference point, guiding family members in implementing and adhering to the agreed-upon solutions.

Get Help with Custody Case to Speak on Behalf

 

Separate is perhaps of the most profound and unpleasant occasion one can look in life besides the fact that couples being are confronted with a totally better approach for life for themselves yet accepting that children are involved, the division cycle can end up being impressively more tangled. For couples who are in the middle of a divorce or are planning to file for one, it is important to seek the advice of an experienced custody lawyer while not all detachment or family lawful counsels have experience managing kid authority cases. They have years of experience handling divorce cases involving child custody agreements as many local residents don’t realise how important it is to have a custody lawyer in their corner when divorce proceedings begin. Especially if there’s a question concerning where the children will reside and how they will be financially supported as the child custody lawyers Brisbane are able to handle complicated legal issues like interstate or international custody arrangements.

 

Guardianship legal advisors can haggle with the contradicting party for your benefit as separation is close to home regardless of the conditions encompassing the choice and one of the fundamental reasons. It ought to pick a guardianship legal counselor during your separation is on the grounds that your legal advisor will haggle with your ex-accomplice for your benefit with their master demeanors child custody lawyers can convey a fair view to conversations. While successfully pushing for you the lawyers have faith in completely teaching their clients furnishing with the justifications for why you might require a kid guardianship legal counselor during your separation. If your child custody case is complicated by larger legal issues, such as custody that crosses state lines, you will need a custody lawyer who know the complex ins and outs. The legal requirements unique to these types of cases of child custody lawyers are able to change your child custody agreement in a way that best suits both you and your children’s needs.

 

Once you and your ex-partner reach an agreement regarding the custody of your children during your divorce, the court will then legally bind those terms and each party will be considered responsible for their prerequisites spread out in the understanding. Numerous kid guardianship arrangements ultimately should be adjusted here and there as a kid care legal counselor will actually want to roll out those improvements accurately, without causing an infringement of terms. The child custody lawyers manage all the important work area work and documentation while many couples acknowledge, they will really need to manage regulating and recording the normal work area work for their separation and youngster guardianship case. More often than not that required paperwork becomes overwhelming especially in the middle of an emotional experience such as a divorce which are experienced child custody lawyers who will have the choice to effectively and gainfully manage all the court-required authoritative work. To ensure the court has what it needs to settle your case the couples who have children and are in the middle of a divorce or plan to file for separation ought to look for the assistance of experienced care legal counselors to guarantee the most ideal result for their case.

Essential Guide to Consider in Choosing Family Law Lawyers

 

Are you searching for family law lawyers Tugun for your alimony, divorce, and child custody? Truly, finding the most suitable lawyers that suit your situation can be more difficult. So, the right attorney to hire to give you support makes a big difference in the result of a dispute. This is also with how you handle this difficult emotional situation of your life. The attorney to hire should be serious in managing the case and must listen well to your needs.

 

Good thing, there are family law lawyers in Tugun to find that you should just keep these factors in mind.

 

Listen to the Recommendations of Your Friends and Others

If you are recommended by a friend to hire a specific lawyer and one is impressed with one, you must consider it then.

 

Hire One That Has Years of Family Law Experience

The family law lawyers in Tugun must have years of experience in the field of family law. The legal rights you have will be considered in this case. Hire one that will best represent you before the court.

 

If one has little to no family law, you should never consider hiring one. This is also no matter how the number of years one has been a lawyer. If one has no expertise in divorce law or family law, you may face issues in family law cases.

 

Consider One That Will Provide You With an Honest Assessment

The family law lawyers in Tugun must provide you with an honest assessment. This is true about divorce family law cases. Do not begin a family law case before the family court until one has told you that you could achieve success on this important problem.

 

Prepare Questions to the Family Law Lawyers to Hire

During the first meeting, prepare questions for the family law lawyers. The specific questions must be made sure to be asked in protecting your legal rights. You will pay for the consultation with the lawyer so you will get their full attention. When you consult for twenty or thirty minutes, the lawyer won’t have enough time to understand the case and assess it completely. So, extend the time then so your legal rights will best be explained to you.

 

Ensure the Lawyer will Understand the Thing you Want to do for your Children

Ensure the lawyer will best understand the thing you want to do to protect the best interest of your children. Never use family law lawyers in Tugun if they suggest using your children as a form of bargaining chip. This is also for the sake of getting more from your previous spouse.

 

Use your Gut When Making a Final Decision

Always follow your gut when deciding to hire family law lawyers in Tugun. If you strongly believe you have found the most suitable family law lawyers, then hire them. If you have feel you have settled with the wrong one, you choose another.

 

So, follow this essential guide in choosing family law lawyers in Tugun!

From Division of Assets to Child Custody: The Essential Role of a Divorce Lawyer

 

Going through a divorce can be challenging. It's a complex process filled with emotional and financial challenges. Also, protecting what's yours legally can take time and effort. This is precisely where a good divorce lawyer Tugun becomes crucial.

A divorce lawyer understands the legal system and can guide you through the steps necessary to ensure your best interests are represented. They are experienced in helping their clients make informed decisions about their future. It is important to find a lawyer that you trust and can work with effectively.

In a divorce, there are several vital rights you should be aware of. A divorce lawyer can help ensure these rights are respected.

Right to fair division of property: Divorce involves deciding who gets what, and it should always be a fair process. Every state has laws about how property should be divided. With a divorce lawyer, you can understand these laws and ensure equitable division.

Right to child custody and visitation: If you have children, figuring out custody and visitation schedules will be a big part of your divorce. You should know and assert your parental rights. A divorce lawyer can help ensure your voice is heard and that your child's best interest is represented.

Right to spousal support or alimony: Sometimes, during a divorce, one spouse will need to provide financial support to the other. Whether you should receive or need to pay support depends on several things. Your financial conditions, the duration of your marriage, and more will be considered. A divorce lawyer can work to ensure there's a fair arrangement.

Right to fair debt division: You must divide any debts along with property and assets. A divorce lawyer can guide you through this process and help protect you from unfair debt division.

Right to representation and due process: Divorce is legal, and you have the right to representation. Having a divorce lawyer to help you means you'll have someone to ensure your rights are respected, your point of view is heard, and everything follows the law.

Choosing the best divorce lawyer for your situation is an important decision. This person will be guiding you through many aspects of your divorce.

Experience and Specialization: The lawyer you choose must have a strong background in family law and a lot of experience handling divorce cases. They should know your local laws, courts, and judges very well.

Communication Skills: Good communication is crucial. Your lawyer should be able to talk with you effectively, the other lawyer, and the court. During your first meeting, see if they listen well, speak clearly, and answer your questions promptly and thoroughly.

Cost and Affordability: Be sure to understand how much the legal help will cost you. Find out how the lawyer charges, if there may be extra expenses, and if they offer flexible payment options. Understanding the financial aspect beforehand can save you from stress and confusion later.

Compatibility: Believe it or not, you also want a divorce lawyer you can connect with personally. You may share much about your life with them, so you should feel at ease. The right lawyer should understand you and show kindness, respect, and empathy.

What is a Divorce?

 

Divorce is an act of dissolution or terminating a marriage or marital union. It is a process where both legal parties agree to terminate or cancel their marriage or maybe not for some possible reasons or issues. It may be filed to their spouse for many other reasons such as abusement, adultery, etc. It usually entails the reorganizing of legal duties and responsibilities of a marriage which dissolves the bond of matrimony between the parties or a married couple under the rule of law of a particular country or state. Divorce usually lets or gives freedom to both parties to get married again to another person in a legal way. Divorce may be difficult and rare to other religions especially like Roman Catholics and Hindus that marriage is dissoluble. It is a very hard and tough decision to make because if you have children, they can also be affected and may get bullied by their classmates.

 

What is a Divorce Settlement?

 

Divorce settlements Kirra is a legal document or paper that dictates or states how marital property should be distributed or equally divided, child custody, alimony, and other terms to both parties. It is a final legal document between you and your spouse with the terms of your divorce.

 

Marital Property should be equally divided or acquired by both parties during their marriage, whatever or whoever the property is named. This signifies that any of your property when you are single is also possessed by your spouse.

 

Child Custody is given under the parental control of the mother when the child is under 7 years of age. But the father may wish or file a case in the court to have custody of their child if the mother is unfit to raise their child whether he or she is legitimate or illegitimate.

 

Alimony is a court ordered support paid by one spouse with a legal obligation to provide financial support to their spouse before or after the divorce. Divorced or divorcing people are the only ones who can ask for and receive alimony.

 

Divorce Settlement is also an agreement, arrangement and adjustment between a married couple who decided to get divorce. In which, you and your spouse agree to resolve the issues without the judge making the decision.

 

How will you know if the Divorce is finally final?

 

The Divorce is finally final on the day when the court signs the divorce papers or decree that is also signed by you. The Divorce papers or decree contains the details of the decision of the judge based on the issue of both parties and the testimony and its evidence that you and your spouse presented in the trial court. It is usually sent to your lawyer a few days after the trial and will send or give you a copy.

 

When Divorce if finally final, you may feel devastating. This brings plenty of changes in your life. If you have children, co-parenting should mean spending time without your partner.

Legal Compliance in Dispute Resolution and Litigation

 

In a divorce, various aspects need to be addressed, and the specific terms may vary depending on the jurisdiction and the unique circumstances of the case which are some common terms that may be covered in a divorce agreement, in addition to property settlement. A property settlement agreement is one component of the broader divorce process and typically focuses on the division of assets and liabilities it is important to note that the significance of a property lawyer Kirra can vary depending on the jurisdiction and the specific circumstances of the individuals involved. It is always advisable to consult with a qualified family law attorney or legal professional to ensure that the agreement adequately protects your rights and interests. This means that if either party fails to comply with the terms of the agreement, the other party can seek legal remedies and enforce the agreement through the court system. Once a settlement agreement is properly executed and approved by a court, it becomes legally binding.

 

Negotiating and finalising a settlement outside of court generally saves time, money, and emotional stress for both parties involved. By reaching a mutually agreeable property settlement, parties can avoid lengthy and costly court battles. It establishes the terms and conditions for ongoing financial support, ensuring the well-being of dependent children and potentially providing economic stability for one of the spouses. The property lawyer agreement addresses financial matters such as spousal support (alimony) and child support. Along with assets, the agreement addresses the division of debts and liabilities incurred during the relationship. It specifies who is responsible for paying off loans, credit card debts, mortgages, or other financial obligations. This helps protect individuals from being held accountable for debts they did not contribute to or were not aware of. The property lawyer outline how assets, including real estate, bank accounts, investments, vehicles, and personal belongings, will be divided between the parties. This ensures an equitable distribution and helps avoid conflicts over ownership or claims to specific assets. It clearly defines the rights and obligations of each party regarding the division of property, debts, and other financial matters. By having a legally enforceable agreement, it helps prevent future disputes or misunderstandings.

 

A settlement agreement provides legal protection and clarity for both parties involved which is a legally binding document that outlines the division of assets, liabilities, and other financial matters between parties in a divorce or separation and plays a crucial role in the overall process of resolving property-related issues and is typically considered highly important for several reasons. In situations where disputes arise over property matters, such as boundary disputes, breach of contract, or landlord-tenant conflicts, property lawyer can provide representation in dispute resolution processes, including mediation, arbitration, or litigation. They can advocate for their clients' rights and work towards a favorable resolution. Property transactions are subject to various legal and regulatory requirements. The property lawyer ensures that all legal obligations, such as obtaining permits, complying with zoning regulations, and adhering to environmental laws, are met. They help clients navigate the complex legal landscape, reducing the risk of legal consequences or non-compliance issues. Whether it's negotiating terms in a real estate transaction or resolving disputes related to property matters, they have the skills to engage in effective negotiation as the mediation their expertise helps ensure their clients' rights and interests are protected.

What is the Importance of Family Law?

 

Family Law is important because it helps to protect family members. It is important for families for them to be aware of family law Kirra cases that may happen to them and to their children in the near future so they can seek legal help. It can help families to deal with problems amicably, if it is followed properly. This is the best possible resolution that will be given to every family experiencing it. A family law case involves cases like divorce, child custody, adoption, guardianship matters, etc. Families must fully understand what to expect in each and every situation and how they can protect themselves from cases like this legally.

 

Divorce

 

Divorce is the most painful act that causes a big impact to a family especially to their children. It is terminating a marriage or sacred relationship of a married couple in which they reorganize legal duties and responsibilities. It thus dissolves bonds between a married couple under the rule of law of a particular state or country. Couples may end up in divorce due to many reasons like lack of commitment, infidelity, too much arguing, lack of intimacy, etc.

 

Child Custody

 

When parents get divorced, one of so many involved and affected are their children. Usually, both parents want custody of their children. Sadly, there is only one parent who will legally have the right and awarded custody and one will only be given visitation rights. Of course, when it comes to child custody, the law will choose who is the best and fit for their children.

 

Adoption

 

Adoption is a legal process, social, emotional and psychological in which a child has not been raised by their legal or birth parents. Adoption is a process in which a child can be fully and permanently adopted by another family who is longing for or not having their own child. It is also processed in law to make it official and legal to permanently transfer all the rights and responsibilities from the biological parent to adoptive parents.

 

Guardianship

 

Guardianship is a legal process in which only one parent or person who has been appointed by a court to take care and make decisions to a person who is in need of special attention. It can be done voluntarily or involuntarily because some of the family members are willing and not willingly to take the guardianship of their own family because they also don’t have the capacity to make decisions for themselves or maybe they are only minors. Ward is a person who is incapacitated or has a mental illness that needs under guard, protection, or surveillance ordered by the court.

 

Family Law helps you deal with family problems that can solve family disputes in the most effective and efficient way so that everyone will walk happily. But for some other reasons, there are times when it is not possible and litigation becomes necessary to resolve family law issues such as child custody or property division cases. That's why Family Law is very important to family members to solve their family problems in the most effective and efficient way.

How To Choose the Right Divorce Lawyers

 

Tweed Heads divorce lawyers are legal professionals who specialize in helping clients end their marriages. Divorce lawyers can advise on the best way to file for divorce, negotiate with the other spouse or their attorney, and represent the client in court if necessary. They can also handle issues such as property division, alimony, child custody, and child support.

 

What do Divorce Lawyers do?

 

Divorce lawyers represent you legally during the divorce process. He or she will let you know your rights and help you negotiate a settlement agreement with your spouse. If a settlement cannot be reached the lawyer will represent you in court.

 

Divorce lawyers can also help you with other legal matters related to your divorce, such as child custody and property division. They generally don't specialize in other areas of legal representation such as criminal law.

 

How much is the average Divorce Lawyer’s fee?

 

Hiring a divorce lawyer can be a difficult and expensive decision. According to localsearch.co.au, the costs of hiring divorce lawyers in Australia vary depending on the lawyer's experience and credentials. However, you can expect to pay the average cost of around AU $350 per hour on average.

 

What are the grounds for divorce in Australia?

 

The Family Law Act 1975 only requires that your divorce application be based on the fact that your marriage has broken down "irretrievably." The court cannot grant a divorce until it is satisfied that your marriage has broken down and there is no chance of the two of you coming back together.

 

The courts consider many factors before divorce is granted to Australian citizens. Typically, the applicants must have a marriage certificate, be married for not less than 2 years, and both must be Australian citizens. They need to figure out issues surrounding child support if any children under the age of 18 are involved. The separation and not living under one roof should have lasted not less than 12 months.

 

How to find the right divorce lawyers?

 

To find the right divorce lawyers to hire, it is important to do some research and compare different options. Some factors to consider when choosing a divorce lawyer are:

 

·         Know their qualifications and credentials. Divorce lawyers should have a license to practice law in the area where the divorce is filed. They should also have experience and expertise in family law and divorce cases.

·         Know their communication style and personality. Divorce lawyers should be able to communicate clearly and effectively with their clients, as well as with the other party and the judge. They should also be respectful, trustworthy, and empathetic.

·         Know their fees and availability. Divorce lawyers should provide a clear and transparent estimate of their fees and expenses before taking on a case. They should also be accessible and responsive to their client's needs and questions.

·         Know their reputation and reviews. Divorce lawyers should have a good reputation and positive feedback from their previous clients. They should also have a record of successful outcomes and satisfied customers.

 

Finding divorce lawyers can be a challenging and stressful process, but it can make a difference in the outcome of a divorce. Divorce lawyers can protect the rights and interests of their clients, explain the law and the options available, and facilitate a fair and amicable resolution.

Advantage Of Divorce Mediation

 

Divorce is a legal implication that can be stressful and challenging for both of the parties involve. It is somehow one of the hardest and crucial decision that might need to take into deep consideration, most especially if you have kids as they are the most affected in this process. The process incorporates wide range issues to contemplate which is why getting a help from family lawyer is necessary to help you on the process. Meanwhile, the choice of ending the marriage will also come to a decision of which process you’ll use to get divorced. Ideally, getting a divorce will not only focusing on the terms of agreements you needed, but also giving importance to what process you choose to use is important. On that note, divorce mediation can be a beneficial process to get divorced. Here we have listed some of its advantages.

First and foremost, getting a divorce mediation will help you and your spouse navigate corresponding issues quickly and cheaply. Consulting for mediator or a reliable mediation Lawyer Tweed Heads will help both of you to settle an agreement agreeable by both parties. In this case, the procedure can be process through online divorce service, more efficient and convenient way that will help both parties. Then again, if there are uncertain issues or complex issues that both of the parties do not agree on it is very important that both of you will need some guidance resolving the issue. A skilled mediation Lawyer Tweed Heads is very helpful as they can apprise you to the details you need to work out, prepared possible solutions that have worked for other couples, and help you complete the paperwork in accordance to your needs.

To continue, divorce mediation allows you to have more control over the outcome of your case. Many cases have proven that the process of divorce mediation places your future in your own hands rather than leaving the decision to the judge. Obviously, you and your spouse has all the familiarities with the situation, and having the all the control on the process may possibly results in your favor. Think of it that divorce is a challenging process where it requires lots of time for investigation, deliberation and commitment, with the judge to decide what will happen to the outcome you are not sure if it will be in favor of your terms. With divorce mediation, you’ll have the opportunity to dive into the issues and craft creative solutions and will help you determine the outcome of your marital split on your own terms.

Lastly, divorce mediation allows both of the parties to save time and money. With mediation, there could be a faster resolution of your divorce unlike getting into the court where you might find yourself stuck in a process the moves slower as there are many cases handled in the court and your maybe one of thousands cases which took it to long to have the result. Then again, it’ll also allows you to have significant cost savings when in terms of the different issues that requires particular lawyer to handle each cases for a longer time which require additional fees for the long service. Whilst in most mediation the charge splits to the spouses.

There are still more advantages of divorce mediation. What is important is that you’ll able to get help from reliable mediation Lawyer Tweed Heads who would help you complete and prepare your documentations and understands your terms. Hiring a mediation lawyer to guide you through the process will help you figure out the best way to get a divorced.

Divorce in Australia Compared

 

Divorce in Australia is known to be simplistic and direct. Unlike in many advanced countries where there is an extensive divorce law and a legal system handling divorce cases and all other proceedings pertinent to divorce, divorce in Australia is still anchored on its Family Law Act 1975 and divorce cases are heard by regular courts in the absence of a family court.

Unlike in many other countries where there are many grounds of divorce like irreconcilable differences, domestic violence, infidelity, deceit, and many others, divorce in Australia has only one ground- irretrievable breakdown of marriage, evidenced by a twelve-month separation immediately preceding the date of the filing of an application for divorce. Just that, and nothing more.

 

In many countries, divorce proceedings take long, especially when several grounds are deliberated and divorcing parties take turns in hurling allegations against each other. Divorce in Australia is known as ‘no fault divorce’ because the court does not consider any reason for the marriage dissolution nor does any of the spouses need to prove any reason for the breakdown of marriage. The divorce proceeding is centered on proofs that indeed the marriage has irretrievably broken down and there is no reasonable chance that the contracting parties will get back together. The only proofs required by the court are those that support that the couple have lived separately and apart for at least 12 months and that there is no reasonable likelihood that they would resume married life.

 

In many countries, especially in the United States of America, divorce system is institutionalized where there are designated divorce and settlement courts that deliberate marital affairs, family issues, financial settlements, property division, and more importantly parenting arrangements for children. Such concerns are not included in divorce proceedings in Australia. Arrangements and settlements of issues pertaining family, children, and finances are deliberated in separate dispute resolution proceedings usually with the help of divorce lawyer Tweed Heads. Financial and property proceedings arising from the breakdown of marriage starts within 12 months from the effectivity of the divorce order unless otherwise agreed upon by both parties.

 

Unlike in the US where it is far easier for couples to get divorced, there is no such thing as an instantaneous divorce in Australia. In order to apply for a divorce, spouses must be separated for at least 12 months prior to the filing of divorce case. The 12-month separation restarts if a period of failed reconciliation for at least three months or more happens.

 

In Australia, those married for less than two years cannot file for divorce. With the assistance of divorce lawyer Tweed Heads they need to attend a mediation session and obtain a certificate from a counselor that they are indeed separating. Still, the standard divorce procedures apply only after a 12 month separation period.

 

Also unlike other countries where there is divorce, marital status does not automatically change upon the granting of divorce by the court in Australia. Change in marital status is not considered final for another month after the issuance of divorce certificate.

 

Because of the simplistic nature of divorce in Australia, many opt to file their divorce there. With the help of divorce lawyer Tweed Heads one can apply for a divorce in Australia if he/she: 1) is an Australian citizen by birth, descent, or citizenship grant; 2) regards Australia as home and intends to live in Australia indefinitely; or 3) ordinarily lives and have been living in Australia for at least 12 months immediately before the filing of the divorce case.

Mediation Lawyer vs Traditional Lawyer

 

When going through a legal dispute, there can be confusion regarding the decision to use a traditional lawyer or a Coolangatta mediation Lawyer. Hence the need to know the difference between the two

Although both traditional lawyers and Coolangatta mediation Lawyer are trained to handle conflict, there is a key difference between the two.

·        A traditional lawyer acts as an advocate for a party on one side or the other of a dispute. A Coolangatta mediation Lawyer assist their client to obtain the best information and positive mindset possible. This will maximize the client's expression of self-determination on process and outcome, whether or not settlement ultimately is achieved.

 

·        Traditional Lawyers typically approach disputes in a competitive and rights or position based manner and are used to exercising control over the litigation process. Mediation lawyer on the other hand presume on identifying interests rather than rights or positions and on the party being involved in the process.

 

·        A traditional lawyer's role is to fight or advocate for one party that has hired them. The goal is to achieve favorable outcomes for their client. On the other hand, the mediator's role is to facilitate discussions so that the parties can identify and actively negotiate on issues such as financial matters.

 

·        The role of a traditional lawyer is to give legal advice and frequently guide their client's approach. A mediation lawyer is impartial and independent of the parties and can assist to help build and develop dialogue in a neutral environment. With a mediator empowering the parties, they are able to make their own decisions based on their commercial standpoint, which speeds up a substantial part of the argument.

 

·        A good traditional lawyer’s goal is for the win whether his client is the right side or wrong side of the law. A good mediator knows how to look at an issue from all sides, suspend judgment, and be supportive without taking a personal position

 

According to US Equal Employment Opportunity Commission, here are some reasons why Mediation is important in the legal procedures

·        Mediation is fair and neutral. Parties have an equal say in the process and they, not the mediator, decide the terms of the settlement. There is no determination of guilt or innocence in the process.

 

·        Mediation is confidential. All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.

 

·        Mediation avoids litigation. Mediation costs less than a lawsuit and avoids the uncertainty of a judicial outcome.

 

·        Mediation fosters cooperation. Mediation fosters a problem-solving approach to complaints and workplace disruptions are reduced.

 

·        Mediation improves communication. Mediation provides a neutral and confidential setting in which the parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

 

·        Mediation allows you to design your own solution. A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.

 

Mediation can be a very effective form of alternative dispute resolution, but it is important that you choose the right mediator to have the best chance of success by having a mediator who is trained, certified, and has extensive experience mediating all types of disputes.