Mediation doesn’t just resolve the gnarly cases, although it can work amazingly well with all levels of contentiousness, but it’s the NEW COLLABORATION—ONLY BETTER!! Why? Because it not only avoids costly time consuming litigation, but it also allows the parties to provide direct and immediate input to resolve the dispute or issue, while achieving a much faster resolution of all the issues and allows them to achieve a mutually acceptable written agreement that is signed by both parties. Collaboration can be very expensive and everything is done together as a group, nothing is private. Mediation allows the parties to retain some privacy while individually consulting with their attorneys, but still negotiating in good faith. If Collaboration fails, you must start all over with new attorneys which costs more money and takes more time. Even cases that are a hybrid (where it’s not terribly contentious and the parties are working somewhat together without formal Collaboration), the parties can still benefit from a Mediated Settlement Conference (MSC). Rather than wasting time with phone calls and emails that go back and forth between you and your client, and you and opposing counsel, set up a settlement conference WITH a MEDIATOR! Not just ANY Mediator! ***CALL JUDGE LINDA- CERTIFIED MEDIATOR & RESERVE JUDGE TO SET UP YOUR MSC TODAY!!
- I can advise what a judge might rule for specific issues like child support, maintenance, property division and classification of property and debt…;
- I can help to resolve conflict as it arises. Even with the best of intentions, emotions and stress will generally create some type of conflict and issues will arise that mediation can amicably and peacefully resolve;
- I can address all the emotional and peripheral issues that prevent parties from negotiating or thinking outside the box and keep the adversarial level to a minimum;
- I encourage and persuade the attorneys to be less of an advocate and more of a consultant to assist their clients to move beyond the “bottom line” or “final offer”;
- It’s much less expensive to do a MSC than a Collaborative divorce;
- A MSC is faster, easier and involves less people than Collaborative divorce and you don’t have to start all over with new attorneys if it fails;
- The parties work together and cooperate at a MSC, but still retain some privacy to confer with their attorneys for advice without making every discussion or proposal public;
- Mediation is the only format that allows both parties to fully participate in a meaningful way and brings a satisfactory resolution immediately following the mediation with a full and written agreement signed by both parties. It’s the perfect compliment to any settlement conference.
- When Mediation is done properly, the agreement maintains integrity because both parties had significant input and time to understand and digest the full agreement before coming to a resolution that they accept. Settlement conferences with meaningful agreements also last and endure time.
- Mediation should not be a short and simple meeting that forces parties to quickly agree to what the attorneys or judge say will happen in court. It is not a simple split or division of middle ground, nor should it be an arbitrary opinion of what the parties must legally do based solely upon the law, prior cases or legal opinion. The options for compromise and resolution are endless and only confined by what the parties can agree upon if you think outside the proverbial box and always look for the Unicorn!*
SO…WHAT CASE CAN I HELP YOU RESOLVE WITH A MEDIATED SETTLEMENT CONFERENCE (MSC) ???
I LOOK FORWARD TO WORKING WITH YOU SOON!
JUDGE LINDA
CCMA SOLUTIONS, LLC
262-424-8004
* I make it my job to always provide a Unicorn or two at mediation just in case the parties haven’t stepped out of the box. 🙂