Mediation is one option for dispute resolution. It is important that families in a dispute understand all their options and the benefits of an option like mediation.
The following video describes the benefits of resolving disputes through mediation:
Transcript:
I’m sick of fighting.
Why does this take so long?
Why can’t we talk about our kids?
I don’t want our kids stuck in the middle?
I don’t have enough support.
Why is everything so expensive?
I just want to figure this out together.
Why do we keep ending up back in court?
12 years after divorce what percentage of non-custodial parents talk to their children at least once per week. Your choices are
A. 14% percent,
B. 18 percent,
C. 32 percent, or
D. 52 percent.
The answer in about 1 minute.
You have options for resolving your conflict. Mediation, conciliation, arbitration, collaborative law and dispute intervention through probation are all options for solving your own conflict.
Each of these options include someone with training on conflict resolutionhelping you to find solutions. There are many advantages to solving our own conflict through one of these alternative dispute resolution services. Studies show that parties are more likely to stick to an agreement reached through alternative dispute resolution.
You can create a solution to your problem by working with professionals and each other to share information. Once you understand each other better you can find a solution that addresses each of your concerns, and ultimately works for both of you.
In most dispute resolution you also have more control over the process by which you reach solutions. In alternative dispute resolution, you'll often have control over where and when the meetings are held, what type of process is used, what professionals you will work with, and how you will each share information.
You can use alternative dispute resolution processes to resolve all issues in your case, or to reach partial resolution even if a full settlement isn't possible. The information that you share in some alternative dispute resolution options is kept confidential, which encourages settlement. Confidentiality does not apply in all the options. Mediation, arbitration, and collaborative law are private and confidential processes.
Dispute intervention through probation is not a confidential process and in conciliation some information will be reported back to the court.
Creating solutions that you both buy into offers you an opportunity to rebuild relationships that may be necessary for your well-being and for the well-being of others in your family including children.
The court process can be a drain on financial and emotional resources. An average lawsuit in America can take over three years to reach trial or settlement. Dispute resolution moves at your pace and, if settlements are reached early on, you both can avoid the stress and cost of further court hearings.
And now the answer to our earlier question. How many non-custodial parents talk to their children at least once per week, 12 years after their divorce?
The national average is 18 percent. In cases that were litigated in court and did not use any dispute resolution service the average is 14 percent, but in cases where parents went to at least 5 hours of mediation before going to court, they were significantly more likely to continue a relationship with their children. For these cases the average was 52 percent.
You have options for resolving your conflict.
In mediation, a neutral assist you in resolving your conflict. In mediation you each have a chance to share your concerns, and the mediator helps you to find solutions that are mutually acceptable to both of you. Mediation is voluntary and confidential.
You have the option of solving your own conflict and presenting your agreement to the judge.
This video was produced by the Massachusetts Council on Family Mediation.
The following video describes the benefits of resolving disputes through mediation and also discusses other options for dispute resolution as well:
Transcript:
I’m sick of fighting.
Why does this take so long?
Why can’t we talk about our kids?
I don’t want our kids stuck in the middle?
I don’t have enough support.
Why is everything so expensive?
I just want to figure this out together.
Why do we keep ending up back in court?
12 years after divorce what percentage of non-custodial parents talk to their children at least once per week. Your choices are
A. 14% percent,
B. 18 percent,
C. 32 percent, or
D. 52 percent.
The answer in about 1 minute.
You have options for resolving your conflict. Mediation, conciliation, arbitration, collaborative law and dispute intervention through probation are all options for solving your own conflict.
Each of these options include someone with training on conflict resolutionhelping you to find solutions. There are many advantages to solving our own conflict through one of these alternative dispute resolution services. Studies show that parties are more likely to stick to an agreement reached through alternative dispute resolution.
You can create a solution to your problem by working with professionals and each other to share information. Once you understand each other better you can find a solution that addresses each of your concerns, and ultimately works for both of you.
In most dispute resolution you also have more control over the process by which you reach solutions. In alternative dispute resolution, you'll often have control over where and when the meetings are held, what type of process is used, what professionals you will work with, and how you will each share information.
You can use alternative dispute resolution processes to resolve all issues in your case, or to reach partial resolution even if a full settlement isn't possible. The information that you share in some alternative dispute resolution options is kept confidential, which encourages settlement. Confidentiality does not apply in all the options. Mediation, arbitration, and collaborative law are private and confidential processes.
Dispute intervention through probation is not a confidential process and in conciliation some information will be reported back to the court.
Creating solutions that you both buy into offers you an opportunity to rebuild relationships that may be necessary for your well-being and for the well-being of others in your family including children.
The court process can be a drain on financial and emotional resources. An average lawsuit in America can take over three years to reach trial or settlement. Dispute resolution moves at your pace and, if settlements are reached early on, you both can avoid the stress and cost of further court hearings.
And now the answer to our earlier question. How many non-custodial parents talk to their children at least once per week, 12 years after their divorce?
The national average is 18 percent. In cases that were litigated in court and did not use any dispute resolution service the average is 14 percent, but in cases where parents went to at least 5 hours of mediation before going to court, they were significantly more likely to continue a relationship with their children. For these cases the average was 52 percent.
You have options for resolving your conflict.
In mediation, a neutral assist you in resolving your conflict. In mediation you each have a chance to share your concerns, and the mediator helps you to find solutions that are mutually acceptable to both of you. Mediation is voluntary and confidential.
In conciliation, a neutral private attorney appointed by the court assists you in assessing the strengths and weaknesses of your case. You each have a chance to share your concerns and explore the options for resolving the matter without going to court. The conciliator will report to the court a list of resolved and unresolved issues, and may also share an assessment or recommendation with the court.
In arbitration, you select a neutral private arbitrator who provides a binding or nonbinding decision at your request. The arbitrator's decision is made after hearings and presenting of evidence which may be the same or less formal than court.
In collaborative law, you are each represented by a collaboratively trained attorney, and everyone works together with a collaboratively trained coach facilitator who serves as a neutral and helps manage
conflict.
The professional team assists in solving conflict by finding shared solutions that take into account your highest priorities. In collaborative law, each professional focuses on how their specific expertise can help you find solutions. Like mediation, collaborative law is voluntary and confidential.
In dispute intervention, a probation officer meets with the parties and their attorneys to identify the issues before the court, explore solutions, and provide recommendations if requested by the court. Information obtained during the dispute resolution process will be reported to the court.
Participation in the dispute intervention process may be required in the probate and family court but there is no obligation to settle. Parties decide on the terms of agreement, or if unable to settle their issues are presented to a judge for determination.
You have the option of solving your own conflict through any of these different options, and presenting your agreement to the judge.
If you are ready to solve your own conflict there are steps you can begin today.
Step 1: ask a staff member for the resources flier that accompanies this video.
Step 2: obtain the guide to court connected dispute resolution services available on the court's website at the link shown on the screen.
Step 3: determine which type of dispute resolution is right for you and whether or not there is a court connected program.
Step 4: find the professionals that fit your choice.
Step 5: set up an initial meeting with the professional to see if they are a good fit for you and your case.
What does it cost? Solving your own conflict through any of these processes reduces the emotional and financial cost of coming to court. There are also numerous options for low cost or pro bono services to help you solve your conflict if you qualify.
Ask for the resources flyer which has the links to all of the resources available in your county.
A lawyer or mediator may be available to you on a limited basis to assist with any one of these dispute resolution options through the limited assistance representation program. In limited assistance representation an attorney represents or assists you with part but not all of your case. The list of limited assistance attorneys is available on the courts website at the link shown on the screen.
Special thanks to the Norfolk Probate and Family Court for their assistance and support in producing this video. This video was produced by the Massachusetts Council on Family Mediation.