Helping You Resolve Issues Through Mediation

When you and your soon-to-be ex-spouse or ex-partner cannot agree on vital matters involved with a divorce or ending a relationship, there are options. We can help guide you through tough decision-making with the more collaborative process of mediation. At Bluestein & Douglas, LLC, we have seen every type of dissolution and are committed to helping you through this time so you can move forward with your life.

What Is Mediation?

Mediation is a process by which a mediator – usually a lawyer with extensive family court experience – meets with the parties, either individually or together, with their own lawyers or without – to help them reach an agreement on the issues. The mediator does not represent either of the parties and does not make any decisions in the case. Mediators help the parties reach an agreement on their own, so the case does not have to be tried. Mediated agreements must be approved by the family court and made into a family court order before they are enforceable.

There are many advantages to mediation, including:

• Creative solutions: Often, the mediator can fashion creative provisions that a family court judge might not have the authority to include in an Order.
• Speed: You get a quicker resolution to your case. It can take more than a year to have a trial scheduled, but mediation can be scheduled at any point during the case.
• Preparation expense: Most of the time, mediation is far less expensive than a trial. Even though mediation requires extensive attorney preparation, it does not come close to the preparation needed for the trial.
• Time: A trial is often scheduled for more than one day or court time, and sometimes more than one week of court time. Mediation is usually finished in one day, although more complex cases may take several days.
• Control: You keep control over your life when you reach a mediated settlement. A family court judge has only the information presented during the trial on which he bases major decisions about your life and the lives of your children. When you get a mediated agreement, you and your estranged spouse make all of the decisions.
• Finality: When you complete a trial and get a judge’s ruling, either or both parties can appeal that ruling. This can take years and end up with a retrial of the same issues. When you get a mediated agreement, you are finished with your case. When a mediated agreement becomes a written, signed agreement and is approved and adopted by the family court, it is final and cannot be appealed.
• Security: When you take your case to trial, you have no idea what the judge’s ruling might be. When you enter into a mediated agreement, you do not face the uncertainty of the family court judge’s decision.

How Mediation Works

Mediation is a structured process designed to help parties resolve disputes amicably. Generally, the steps include:

• Preparation: Each party gathers relevant information and documents to present their case. 
• Scheduling: The mediator arranges a session, setting up a neutral environment conducive to open dialogue.
• Mediation sessions: Each party expresses their concerns and desired outcomes. The mediator facilitates communication, encouraging cooperation and understanding. The parties work toward a mutually acceptable agreement.
• Resolution: Once an agreement is reached, it is documented and signed, formalizing the resolution.

Along the way, your own divorce attorney or family law attorney will explain what to expect in detail.

Is Mediation The Best Option For Me?

You cannot know your best option with any certainty until you meet with us. Because we try to avoid formal discovery when we do cooperative law, we believe that one of the first requirements is that both parties have full knowledge of their overall financial situation, including assets, debts and incomes. There must be some degree of trust between the parties to reduce the fear that one or the other is hiding assets or income. Cases in which there are allegations of physical or emotional abuse by one of the parties are not usually appropriate for collaborative and cooperative law.

Role Of The Mediator

A mediator is a trained professional skilled in conflict resolution. They possess qualifications in mediation techniques and often have knowledge in specific areas relevant to the dispute, such as law or business. The mediator’s primary role is to remain neutral and ensure that all parties have an equal opportunity to voice their perspectives. They guide the discussion, helping parties identify common ground and explore potential solutions. By maintaining impartiality, the mediator fosters trust and encourages a collaborative atmosphere. This helps the parties reach a fair and balanced agreement.

Tips For A Successful Mediation

There are some things that you can do to set yourself up for a successful mediation. For the best chance of a satisfactory session, try to:

• Prepare thoroughly
• Define your goals
• Understand the issues at hand
• Gather all documents and evidence
• Keep an open mind 
• Prepare to compromise
• Use active listening

By being well-prepared and maintaining a positive attitude, clients can enhance the likelihood of achieving a positive resolution.

Arbitration: Another Out-Of-Court Option

Arbitration is a process of adjudicating a case without actually having a trial in a family court. Arbitration is usually a less formal process than a trial and is often binding on the parties. An arbitrator needs to be a Certified Family Court Mediator and Arbitrator. Unlike the mediator, the arbitrator acts like a judge, making final decisions in the case. There are advantages and disadvantages to arbitration. The advantages include:

• Arbitration can be scheduled whenever it is convenient. The parties do not have to wait to get court time.
• Arbitration is often less formal than a trial and often takes far less time.
• Arbitrated decisions are usually not appealable.
• You can choose your arbitrator.

Some couples choose to resolve a dissolution of marriage in South Carolina by arbitration, but there are a couple of disadvantages. Both parties must pay for the arbitrator, whereas they would not have to pay for a judge. And the arbitrator’s decision is usually final, meaning that the parties lose their right to appeal the arbitrator’s decision.

Learn More And Start The Process – Contact Us Now

If you are beginning your dissolution process – or perhaps you are at a standstill and neither party is budging on decisions – we can assist you through any issues until you reach a resolution. Call us in Mount Pleasant, just north of Charleston, at 843-769-0311 or request an initial consultation with this email and begin the legal process.