Mediation & Litigation Support
Mediation is a confidential process where a neutral mediator helps disputing parties to identify and discuss issues of mutual concern. The parties participate voluntarily, making their own decisions throughout the process and controlling the outcome of the discussions. The mediator does not provide advice or judge the fairness of any options offered. Rather, the mediator facilitates a conversation to establish what each party wants, thereby enabling the parties to develop a resolution acceptable to all.
When is Mediation Appropriate?
Mediation is an appropriate means to resolve any conflict where the parties involved participate voluntarily and are motivated to develop an agreement that improves their situation. Davis, Monk & Company specializes in mediating cases involving Divorce, Business, Elders and Estates.
Divorce Mediation
Mediating a divorce settlement helps protect couples (and their children) from the destructive effects of adversarial divorce. It allows individuals to focus on the future rather than dwelling on the past to develop thoughtful and lasting terms for separation. For couples with children, mediation helps them separate their spousal role, which is ending, from their parenting role, which is continuing. Because of the flexibility of the process, mediation is often the best way to design an appropriate custody arrangement and parenting plan that considers the interests and needs of both parents and those of the children.
Divorce mediators are knowledgeable about the law but do not provide legal or financial advice to either party. They will raise issues about which couples must make decisions but they will not advise. Accordingly, both parties are encouraged to seek advice from separate legal counsel. Obviously, some cases are more complicated than others and couples work at their own pace, but usually couples can develop an agreement that woks when they participate in the process with open minds.
Business Mediation
The emotional and financial issues involved in family owned or closely held business can make conflict resolution difficult. Sometimes one or several parties want to change the business focus or sell out entirely. Relations between family members, partners, or key employees can turn sour due to conflicting priorities or the terms of termination agreements. In these cases a mediator can help parties explore the various issues on the table to create options to maximize each party's interests.
Elder Mediation
Emotional, financial and logistical concerns surrounding issues in caring for aging family members can easily evolve into complicated and divisive conflicts. Mediators trained in issues relating to elders can help facilitate family discussions to create arrangements that appropriately address safety and capacity concerns while keeping individual control and dignity intact. Some of the issues we address in elder life transitions are finances and financial control, living arrangements, guardianship, and trusts. Without mediation, some families resort to court proceedings which can exacerbate problems by closing communication channels and turning family members into adversaries.
Our mediators provide an opportunity for the elder, all concerned members of the family, other caregivers, and his or her professional advisors to participate in creating a thoughtful plan for the future.
Estate Planning/Settlement
Involving a mediator proactively in an estate planning process can reduce the probability of family litigation in the future. As in other types of mediation, a mediator working in estate planning is a neutral party making no decisions and giving no advice. Instead, he helps family members clarify individual interests and explore options, thereby helping the attorney and/or financial planner in fulfilling their responsibility to craft a plan that will accomplish the testamentary wishes of their clients.
In the event that a will is contested or family members and other heirs are in conflict over the settlement of an estate, a mediator can facilitate the process of dispute resolution so that parties may settle the estate and move on with their lives without the costly emotional and financial expense of litigation.
In general: mediation works! It can save time, money and emotional distress. Davis, Monk & Company can help you craft the lasting agreement you want.
Helpful links: Eldercare.gov - elderweb.com - medicare.gov - ssa.gov.
