Family Law – Mediation
Alternative Dispute Resolution (ADR) refers to the various means of settling disputes outside of the courtroom, including Mediation and Arbitration. ADR proceedings are less formal and less expensive, time-consuming, and stressful than traditional litigation and they allow the parties involved to have more creative control over how and when their dispute is resolved.
Two members of the firm, Thomas E. Galyean and Robert C. Wood, offer ADR services for certain types of civil disputes. The majority of these disputes involve matters in which formal lawsuits have been filed and are pending trial, or lawsuits that are contemplated but not yet filed. Parties may or may not be represented by attorneys.
Mediation allows the parties involved to work together with an unbiased mediator to reach an agreement. The mediator is not the decision-maker and does not resolve the dispute. However, he is trained and experienced in helping parties reach a mutually acceptable compromise by listening to both sides of the cases and interests, exploring underlying issues, and facilitating calm and reasonable discussion regarding each side=s perspective. The mediation sessions are confidential and are designed to resolve disputes in a way that all parties can live with (rather than a court or jury making a ruling that one or more can=t live with).
Arbitration is a process similar to a formal trial in that the parties involved both present their evidence and arguments to a neutral arbitrator, who acts like a judge in accordance with certain rules of procedure. The arbitrator applies the law and makes a decision or arbitration award. The parties may stipulate as to a binding or non-binding arbitration; but the goal of the process is to reach a resolution that is faster, easier, and less expensive than a court or jury trial. As a third alternative, the parties might prefer a dispute resolution arrangement which includes both Mediation and Arbitration; that is, if the parties can=t reach a compromise agreement during mediation, the mediator becomes the arbitrator and renders a decision.
Robert Wood has been a Certified Family Law Specialist since 1997. His practice consists of Family Law (divorce, custody, support, property division, mediation, special master) and Estate Planning (Trusts, Wills, Health Directives, Powers of Attorney).
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