Do you have a Legal Problem?

Court fees are very expensive and paying two attorneys is even more expensive, we can help you resolve your issues by discovering options that make sense.

Give me a call and I'll tell you more or read on about this wonderful opportunity before you. Thanks, Matt

Dispute Resolution.

Where two parties through counsel reach a mutual agreement. Ultimately a more dignified way to resolve problems. Both parties reach agreement and feel better about the outcome.

A great alternative to Battling it out in court!

What is mediation? Mediation is a way to resolve disputes in a prompt, efficient and cost effective manner. Mediation is a means for people to maintain control over their lives and, in a dignified and satisfying way, clarify issues and resolve conflicts. Mediation promotes future cooperation, not continued conflict. Participant communication and commitment support future compliance.

In mediation, participants themselves, with the mediator's impartial assistance, resolve the dispute, seeking fairness and the maximization of benefits. Family, business, property, employment, organizational and other disputes can be effectively mediated to a fair and constructive resolution that participants believe in and with which they will comply. Mediation offers the opportunity for people or groups in conflict to move forward with their lives and businesses in a positive manner. Stated differently: "Mediation is an alternative to violence, self-help, or litigation.... It can be defined as the process by which the participants, together with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs.

Mediation is a process that emphasizes the participants' own responsibility for making decisions that affect their lives. It is therefore a self-empowering process" (Folberg, Jay and Taylor, Alison, Mediation: A Comprehensive Guide to Resolving Conflicts without Litigation, Jossey-Bass, 1984, pp. 7-8). Mediation is the fastest growing alternative to litigation. Many courts around the world require mediation prior to litigation because of mediation's exceptional effectiveness. Why should people use mediation for conflict resolution? In many cases, mediation is the better alternative.

Comparing mediation and litigation: MEDIATION LITIGATION Mediation is generally more cost effective. The parties generally share the expense of mediation, either equally or in proportion to income. Because mediations resolve disputes promptly and without the normal acrimony of litigation, it is a cost effective process. Litigation can be very expensive. Both parties generally pay attorney's fees and court costs. Further, courts sometimes require one party to pay the other party's fees and costs. Mediation offers prompt resolution. Mediation can be completed in a few hours or a few days, depending on the complexity of the matter. Parties can use mediation before an action is filed or at any point in the dispute. A mediation agreement is binding; once the mediation is complete, the conflict is over. Litigation often takes years to complete. Even after trial, either party may appeal the ruling once or multiple times. Mediation puts the disputants in control. Mediation allows the participants to decide how the dispute will be resolved.

The mediator has no decision-making power.

The participants have a right to end mediation if they are uncomfortable and accept or reject resolutions, as they deem appropriate.

With litigation, it is the jury and/or judge making the decisions impacting the litigants' lives, with limited information or interest in the litigants' lives. Their decisions could be wrong. Mediation preserves relationships People in dispute are often bound by business, children, employment or location (neighbor disputes).

Mediation offers the opportunity to restore damaged relationships and move forward in a positive manner. Litigation tends to increase existing animosity between disputants. Mediation offers more alternatives In mediation, the participants get to explore creative solutions that courts are not able to address. For example, the participants could explore tax consequences, creative payment options and non-monetary offers. In litigation, one is often either right or wrong; he wins or he looses. There is little room for creativity.

How does mediation work? A neutral third party (the mediator) helps the parties find solutions to conflicts that are optimal for both parties by using conflict resolution skills. The process is confidential to encourage all parties to feel comfortable. A successful mediation ends with a binding agreement of the parties.

What happens during mediation? Generally, the participants first meet together as a group, and the mediation explains what will happen, and the ground rules. The participants sign a confidentiality agreement. Where appropriate, each participant gives a brief statement of the conflict. The participants will either stay in the same room together, while options or explored, or the mediator will put the participants in different rooms. The mediator may meet with each party separately in what is called a "caucus." One the parties have reached an agreement, the parties will draft a binding settlement agreement together.

How much does mediation cost and how long does it take? Unfortunately, it is hard to predict with precision how long mediation will take or how much mediation will cost. These issues depend primarily on how agreeable the participants are. The Firm bills $1000.00 per hour for mediation time, and requires a retainer that is dependent on the complexity of the conflict. The Firm offers sliding scale fees for certain lower income disputants. The cost of a comprehensive mediated agreement generally ranges between $1,000 and $5,000. We will be as specific as possible in these regards once we have a better understanding of your situation. Responsibility for mediation fees is an issue to be decided by mediation participants. Participants are encouraged to consider sharing fees to some extent so that all will benefit from expeditious and economic resolution.

What are our chances for success?

The good news is that most mediations are successful. This high success rate is due to most participants being highly motivated to reach agreement. What if we don't reach agreement? In mediation, all discussions and materials, with very few exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolutions will not be admissible in any court or other adversarial proceeding.

What disputes are appropriate for mediation?

Mediation is appropriate for most disputes. For example, this Firm handles family law disputes (divorce, paternity, non-parent rights, modifications), employment disputes, property disputes, business disputes, personal injury and malpractice disputes among other types of disputes.

When is the best time to mediate a dispute? It makes sense in most cases to mediate as early in the dispute as possible - before animosity increases and before the parties put substantial time, money and energy into the conflict. However, the participants can mediate at any point. Participants can mediate with or without pending litigation.

Do I have to be in the same room as the other party? Generally, mediation starts with the parties and the mediator meeting together and exchanging a general understanding of the conflict. The parties often then break up and meet with the mediator one and a time. The mediator may meet with each party dozens of time during the course of the mediation process.

Can I bring an attorney?

In some mediation discussions, attorneys are present and represent the parties. In other mediation discussions, attorneys are not present, but are available as an outside resource for consultation. Participants need to decide how actively involved, if at all, they would like legal counsel to be. Participants may also choose to use experts, such as financial experts, appraisers and counselors. We have experts that can help analyze the problem and offer options and intend mediation to be an efficient, economical, respectful, and positive experience for its clients and welcomes questions.

Matt Sherman teams up with Alona Gotfried to produce powerful mediation skills. Alona is skilled at seeing what most can't and finding the ideas that can make your conflict go away. Matt has been selling Real Estate and doing mortages for over six years giving him a specialty in Real Estate and Finance issues. We are a team of powerhouse mediators. Give us the opportunity to work on your legal issue, save your self money, and ultamitely a friendship. We work to make you feel understood.

You Need a Mediator!

Call Today For your Free Consultation!

602-882-6519