The mediation process must be flexible enough to meet the unique requirements of each individual case. But the essentials always include:

Establishing trust between the mediator and both parties.

It’s important that both parties understand and feel comfortable that the mediator is neutral, “calls them as he sees them”, and has no bias for or against either spouse.

Identifying all issues in need of resolution.

The first step here is “clearing the brush” by first finding out what issues the parties can agree on. Even in higher conflict cases, there is a surprising potential for agreement.

De-fusing high-conflict issues.

Establishing principles for resolution.

…based upon the parties’ goals and the attorney-mediator’s knowledge and interpretation of the law and what is customary within the judicial system. Includes providing feedback as to what outcomes are realistic and fair.

Brainstorming “win-win” scenarios.

This may involve re-casting “positions”, which are inherently unyielding, as “needs”, which might be met in a variety of ways.

Selecting those options which are the most beneficial and fair to both sides.

These will form the crux of a highly specific Separation Agreement, which will be incorporated as a judgment of the court and define the rights and obligations of the spouses going forward.

 

Hartford area bankruptcy attorney and divorce lawyer Edward P. Jurkiewicz has over 20 years of experience representing clients. Our firm represents debtors and creditors and handles both relatively simple divorces and bankruptcies and more complex litigation matters. With this depth of experience, our firm is able to anticipate and prepare for any potential issues that could arise in your bankruptcy, divorce or family matter.

CONTACT US TODAY AT 860-299-6263

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