Mediation is a process in which the disputing parties and a neutral third party are brought together to cooperatively discuss all disputed issues or just particular issues. The parties form their agreements with the assistance of the mediator. The agreement is then memorialized and presented to the court instead of going to trial. Not only is a potentially lengthy, expensive trial avoided, but confidential information is not exposed to open court litigation and public pleadings.
Mediation may be attended by the parties’ Memphis attorneys during a divorce or after a Petition has been filed with the court system, or the parties may choose to mediate disputed issues prior to retaining attorneys. Mediation is very effective. Statistics show that over 90% of cases that are mediated settle. Mediation is equally available to divorce and post-divorce disputes. It is also becoming a popular option for Juvenile Court cases. In fact, in Shelby County, many Juvenile Court Magistrates are now recommending the parties engage in mediation prior to trial.
Memphis Attorney Laurie W. Hall is listed as a Rule 31 Family Mediator in Tennessee, and will assist you in resolving your disputes and avoiding trial.
Collaborative divorce proceedings are mediation processes, but one which addresses all of the issues pertaining to a divorce. In a collaborative divorce proceeding, each party has his or her own attorney, and all parties must agree not to litigate in court. Whenever questions arise that cannot be addressed by the parties, an outside expert can assist, such as might be the case in determining the value of a business or shares of stock. People often choose collaborative divorce proceedings when they want to protect parental relationships, their assets, and their privacy.