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Be sure to choose a divorce lawyer who has been trained in the mediation process. In 2013, I was trained in Family and Divorce Mediation and I am a Certified Family Financial Mediator by the North Carolina Dispute Resolution Commission. I have over 20 years of family law experience. Regards, Brian S. Demidovich
Mediation is a process for resolving disputes by which an impartial mediator assists the parties in reaching a mutually satisfactory settlement. Mediation provides you and your spouse a way to settle the conflict between you in a way that helps you to work together, especially as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between you, which can then be used when you must discuss issues pertaining to your finances or your children. If you are to avoid the pitfalls of litigation, you should try to avoid attorneys altogether. Neither you nor the other party has to have a lawyer to mediate. However, if you choose to have a lawyer or if your circumstances are such that it is absolutely necessary to have a lawyer, then choose carefully.
The mediation process is entirely voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator’s role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. Since the mediator’s job is to keep the parties focused on exploring productive avenues to settlement, posturing and hard bargaining are often reduced or eliminated.
THE MEDIATOR
A family mediator is a neutral person who guides the parties toward a workable solution on their issues. The family mediator helps the parties reach an agreement that is acceptable to all parties. The family mediator is typically a lawyer who exclusively practices in the area of family law. The mediator has the legal knowledge necessary to frame the legal issues and is trained to help parties explore the options in order to decide on an agreement. The mediator will help the parties think about the possible advantages and disadvantages of a proposed solution. The mediator focuses the parties on future goals to help avoid future disputes. The mediator is not a judge. The family mediator will not take sides or make decisions for you. The mediator does not give legal advice. The mediator may suggest possible best or worst case scenarios to help each party think about what might happen.
THE PROCESS
A mediation session is private and confidential. It is normally held in an attorney’s office and no public record is made of the proceedings. If no settlement is reached, any statements made during the proceedings are inadmissible as evidence in any subsequent litigation. The mediator cannot testify for either one of you in court. There will be reasonable expectations for you to contribute to and simplify the process; forms and questionnaires will be made available in advance of the sessions for those that would like to begin gathering data, completing documents, making decisions, etc. This may help to reduce costs. A mediation session typically begins with a meeting with the parties and their attorneys. The mediator first explains the format and discusses the confidential and non-binding nature of the proceedings. The mediator will then ask the attorneys for each of the parties to make a presentation of their case, identifying the issues in dispute. Following the joint meeting, the mediator will usually separate the parties and begin meeting with them in a series of private, confidential meetings called “caucuses”. In these caucuses, the mediator works with each of the parties to analyze their case and develop options for settlement. Normally, the mediator will caucus numerous times with both sides until the case either settles or it becomes apparent that settlement will not be reached.
I AM OFTEN ASKED ‘WHAT CAN BE MEDIATED? I LIKE TO SAY ‘JUST ABOUT ANYTHING,’ AND I TRULY MEAN IT.
Here are some commonly mediated family law issues:
THE AMERICAN ARBITRATION ASSOCIATION REPORTS THAT OVER 85% OF ALL MEDIATIONS RESULT IN A SETTLEMENT.
Here are a number of reasons why mediation works:
REALIZATIONS OF LITIGATION
TIPS FOR EFFECTIVE MEDIATION
Most of our litigation is limited to Wake, Durham, and Johnston Counties. If you need a lawyer in your county to protect your rights and be in your corner, please give us a call, and we will try our best to accommodate you. Please reach out to us at 984-205-3727.
Learning Together
In the beginning (and throughout), I am learning from you and you are learning from me. This mutual learning helps us all gain the knowledge we need to move forward. It is the foundation to moving forward.
No Judgment
Going through a separation is not easy for anyone. After more than 20 years experience in family law, rest assure that I will understand what you are going through. The compassion I speak of is not the compassion you will receive from me. That is a given.
Are you able to show compassion for your spouse despite what lead to the separation? It is a great question and sometimes is very difficult to answer. Sometimes the pain, the hurt, the betrayl is so great we loose sight of our own compassion.
No judgment, I will help where I can help. It is hard to see the forest while you are standing in the middle of it.
Alternatives
It is important for us all (clients and attorneys) to keep an open mind and have hope. Hearing alternatives, being open to ideas, and actively listening to proposals is how we reach rsolutions.
Trust , client confidentiality and communication are extremely important to us. We take each and every inquiry very seriously. We do our best to provide the type of customer service you deserve...the type of customer service we all want to experience during a difficult time.
If you think that we may be able to help you with your separation, or if you just want to know more details about collaboration or Brian Demidovich as a collaborative attorney and person, reach out in whichever way is most convenient for you. We look forward to your inquiry.
We would love to show you what separates us from other divorce law firms.
Raleigh Family Mediation | 984-205-3727 | 211 E Six Forks Rd #105, Raleigh, NC 27609 | All Material and Content is Property of The Demidovich Law Firm, PLLC| All Rights Reserved