MEDIATION vs. LITIGATION
Avoid Having a Judge Decide Your Case
Mediation is an expeditious way of handling your divorce, custody or support issues. Unlike litigation where the parties find it difficult and impossible to communicate after a day in court, mediation will prevent the further deterioration of the parties' relationship between themselves and their children. More importantly, during the mediation process, you will have a say in the outcome of your case by making your own decisions that affects you and your children and not by a judge who will only come to learn very little about you or your family. This is your marriage and/or your children. As an experienced family law litigator, Mary Beth Reinecker will assist you in mediating and amicably resolving all relevant issues for you to come to a comprehensive agreement, all while saving thousands of dollars of litigation expenses.
What is Mediation?
Both married and unmarried couples benefit from mediation. Mediation is a series of sessions which address and resolves the various issues in a divorce and other family law disputes such as custody and support. The number of sessions is contingent on how willing you are to negotiate the matters at hand. Mediation is a positive and sensible alternative to going to court and litigating.
Why Consider Mediation?
Spite is not a reason to litigate. Preserve your economic future and attempt to maintain civility and consider mediation. Litigation is expensive and the destructive divorce, custody and/or support battles can ruin your relationship with the other party. Although you may not care about your relationship now, you must remember that you will have to work with your prior partner until the children reach emancipation.
Mediation will afford you a better result than what you would receive from litigation because you are making the decisions. Unlike litigation and going to trial, mediation can be accomplished without missing a day of work or experiencing the stress and apprehension of testifying before a judge. Most importantly, mediation is a fraction of the cost of litigation. |
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The Mediation Process
The procedure for mediation is that one party will provide an overview of their version of events and then the other party will provide their version. The mediator will ask questions and have the parties state their position on all relevant issues and their desired outcome. The mediator will guide the parties through the negotiation process through a series of sessions, assuring that all issues are addressed. The parties and the mediator will have a group discussion and may also have separate meetings with the individual parties as needed or as requested.
Mediator's Role
Although Mary Beth Reinecker is a licensed attorney, she will not act as either party's legal counsel through the mediation process. As a mediator, Mary Beth Reinecker will remain neutral and will not decide who is "right" and who is "wrong" or tell the parties what to do. The mediator will facilitate the discussion between the parties, but will not coerce or control the outcome. You will be provided with information and guidance needed to allow you to look at the different issues and facts of your conflict so you can make decisions and reach amicable solutions.
The mediator will ensure that a fair agreement is reached and that an individual party is not pushed, threatened or bullied into reaching or signing an agreement. The mediator is not on anyone's side, and will not be making any rulings on facts, evidence or law. As a mediator, Mary Beth Reinecker will not give any legal or financial advice.
Confidentiality
The mediation process is fully confidential except for disclosing state required mandates of reporting issues involving child abuse or threats of violence. Due to the confidentiality, the mediator will not testify in court or disclose the contents of any discussions made by either party during the mediation process.
Disclosure
Mediation can only work if each party is honest and openly discloses all facts, records and documents. The parties are expected to negotiate in good faith and provide full disclosure of all materials to ensure that an informed and fair agreement is reached.
Agreement - FINAL ORDER
 At the conclusion of your successful mediation sessions, most mediators simply provide you with the signed mediated agreement, leaving you wondering what to do next and how to have your agreement made into an enforceable court order. What those people have to do is hire an attorney to simply file the paperwork on their behalf. Having extensive knowledge of the Family Law process, Mary Beth Reinecker will assist the parties in filing all necessary paperwork for obtaining a final order, i.e, decree in divorce if a Property Settlement Agreement was mediated; a custody order or support order if a custody or support agreement was reached. Therefore, at the end of our dealings, your case will be finalized and you will not just have an agreement, but a fully enforceable court order. |
Why Mary Beth Reinecker?
Because of the special, sensitive and emotional nature of cases involving family law issues, it is important to seek a family law attorney who has the skill and experience necessary to assess whether your case might be able to be settled through mediation, but who stands ready to forcefully and effectively advocate on your behalf in court through litigation.
Call the Law Office of Mary Beth Reinecker today at: (267) 702-3188 for a free initial consultation to learn how she can help you sort through your complicated family law matters and to discuss your options. You may also contact Attorney Mary Beth Reinecker using the form provided on this website. |
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