Mediation is a process through which parties negotiate their own settlement of disputed issues with help from a “neutral” – the mediator. The advantages of mediation are several: the parties stay out of court; discussions are conducted in a safe, moderated, non-adversarial environment; the process emphasizes practical, interest-based solutions to problems; the parties themselves participate directly in the negotiation, rather than through counsel, and thus commonly develop a better understanding of their choices, and take responsibility for their decisions. Also, this dispute resolution process is usually substantially less expensive than litigation.
The mediator assists parties in a variety of ways: through education, redirection, intervention and suggestion. As a true neutral, the mediator does not act as an advocate for or representative of either party. In other words, an attorney who is engaged as a mediator does not represent or favor either side, but instead acts as a negotiation facilitator for both parties, helping them work through the issues and decide for themselves how best to resolve them.
We have helped countless couples develop workable settlements through mediation. Tom Borst have received extensive mediation training, which we use to help defuse conflict, focus clients on their fundamental goals, and encourage parties to develop unique solutions to their personal needs and their family’s needs. The process is completely private and confidential, and, of course, requires the voluntary consent of both parties. As your neutral mediator, Tom can help you and your spouse clarify joint and individual interests in a safe environment that enables you to creatively and collaboratively control the process, allows you to actually listen to and hear one another, and encourages you to fashion an agreement that works for you and your family. In this non-adversarial setting, you are able to proceed at your own pace with a minimum of stress.
Also, Mediation is generally far less expensive than litigation – both financially and emotionally.
Parties participating in mediation are encouraged to engage consulting attorneys. The consulting attorney can provide you with individualized advice about your legal rights and obligations, can suggest practical solutions to common or complex problems, can act as a sounding board for you to help flesh out ideas, and can prepare or review settlement documents developed in mediation to ensure that you are fully protected.
Whether as neutral mediator or consulting attorney, Tom Borst can help you satisfactorily resolve the issues in your case.