The overriding reason for choosing mediation can be summed up with one word: SAVINGS
However, it isn’t just money that people save but valuable and irreplaceable personal relationships. They may avoid the inevitable time drain and the emotional and damaging impact that litigation may cause. In a circumstance involving family and friends, litigation can impact children and teens directly and indirectly, even those whose interests do not lie at the dispute’s epicenter. In circumstances involving intellectual property and entertainment, valuable property rights call for preservation, not obliteration. Consequently, mediation can be a smart model for dispute resolution when parties agree that each shall be direct, fair, responsive and respectful of the other’s requests for information and documentation.
Mediation can assist conflicting parties by identifying issues to methodically resolve disputes. Bear in mind that each circumstance is based on the uniqueness of the parties and conflict. The most successful mediations are those where both and/or all parties really understand the issues and the value of compromise.
- In the family law realm, the goal is to resolve differences such that a Separation Agreement is drafted by the mediator. During this process which generally takes place in 2 hour blocks over a few months of time (depending on the number of outstanding issues), the parties are encouraged to seek the assistance of independent lawyers. That way, both parties feel empowered, from their personal perspective, with a basic understanding of the law and industry custom.
- In the probate law realm, estate disputes between or among family members is not uncommon with an Agreement for Judgment being one of many sought out goals. Tax professionals with a proven track record, may be brought into the mediation as a crucial resource. If the parties can agree on the tax professional, all the better. Otherwise, the mediator will select one.
- In the entertainment realm, disputes are common among band members, missing money, royalty account statements and alleged breaches of contract. Memorandums of understanding and/or agreements/contracts can be drafted to resolve differences.
- In the young performer realm, disputes are common among performers and family members. Settling outstanding issues before they alter valued family relationships is the goal. Memorandums of understanding and/or agreements/contracts can be drafted and signed to resolve differences.