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Malone Mediation provides an affordable alternative to costly legal battles. Mediation works for divorce, custody, family, business and employment disputes. People that reach agreement in mediation have higher satisfaction with the results of their agreement than those that litigate their case in the courts. Mediation is affordable and gets the results you want.
What to expect in mediation
Benefits of mediation
Is mediation right for my case?
What to expect in mediation
An initial consultation will be provided at no charge. Mediation is explained so everyone understands what is expected of them, including what information is required. The mediator will help you outline everything that is needed to resolve your conflict, so nothing is overlooked. This direction is one of the reasons mediation is a good first step in resolving your conflict.
An initial retainer is required. The amount of the retainer is much smaller than an attorney retainer. That is because the cost to mediate is just a small fraction of the cost to litigate. People litigate when both sides have an attorney representing them and arguing their case in court. Legal fees in Cuyahoga County for a litigated divorce have averaged $20,000 - $70,000 for EACH party. Mediation is usually less than $2,000 for BOTH parties when mediation is utilized before the start of litigation. In other words, mediation allows you to conserve your assets for you and your children rather than deplete your assets for attorney fees. When mediation is utilized after the start of litigation, the savings are still substantial.
Once the mediation session begins, each party is given an opportunity to be heard and to share his/her perspectives on the situation. The mediation sessions will be different than previous conversations. Mediation cuts through the negative communication and emotions from the past so that people can clarify what is important to them. Whereas arguing over matters in court tends to increase hostility and tension, mediation reduces hostility and tension.
In mediation you are in control. So you decide how often you meet, and when the meetings will take place. You also have control to try different things or look into different options, and to make intelligent, relaxed decisions. This means higher satisfaction with the agreements, so you will be less likely to go back to court.
Mediation is safe. A good mediator helps the parties protect their own rights and interests. Everything said in mediation is confidential, and can not be used against you in the court at a later date. Private information, such as assets, debts, and values of businesses, stay private. Even when the final agreements are filed with the court, the agreements can be written so that private information stays private. Once parties start a contested lawsuit, all the private information becomes public information.
Mediation is effective at getting you the results you want. Whether you have a high expectation of reaching an agreement, or believe reaching an agreement is impossible, you will be amazed at how mediation is not about giving in, but about getting the results you want -- results that are tailored to meet your individual needs. That is why mediation works in over 75% of the cases.
Less than 10% of contested cases are actually tried and ruled upon by a judge. Most people settle their case. Mediation makes it possible to do so much quicker, at a lower expense, and with less hostility and tension.
When agreements are reached, the mediator incorporates them into a written agreement. A mediator who thoroughly understands the law will be certain that the written agreements will meet the requirements of the court, as well as accurately reflect the intent of both parties.
Studies have shown that parents who reach agreement in mediation have a stronger relationship with their children and with each other than those who argue their case in court. In mediation, parents address their concerns about things that have happened in the past by focusing on goals they both want for their children, such as the children being well-adjusted, doing well in school, and being happy and at peace. Businesslike boundaries are established between the parents which enable them to address their concerns about the children or each other, and to focus on the needs of their children so the children can achieve their goals in life.
Benefits of mediation
1) Effective mediation saves people a substantial sum of money.
2) In mediation, you are in control of the process and the results.
3) People that mediate have a higher satisfaction rate with the results than those that litigate.
4) Higher satisfaction with the results makes it easier for people to get on with their lives.
5) Mediation is safe and everything remains confidential. Private information stays private.
6) Mediation is effective, even in complex and nasty cases.
7) Successful mediation reduces hostility and tension.
8) Successful mediation enables parents to have a stronger parenting relationship with their children and with each other as parents.
9) Businesslike boundaries are established between the parents so that they can achieve the goals they want for their children, without letting their own conflict get in the way.
10) A mediator who understands the law will prepare written agreements that meet the requirements of the court, as well as accurately reflect the intent of both parties.
Is mediation right for my case?
Mediation works in cases where people are:
1) amicable and want to stay that way. They do not want to experience all the conflict and tension that goes along with arguing in the courts.
2) feeling that one side is stronger, or a smoother talker than the other. A good mediator balances the power between the parties. The people that feel weaker before mediation starts are frequently surprised at how empowering mediation can be when they effectively get their point across.
3) experiencing high conflict and tension. Even when angry and frustrated, people can still make good decisions for themselves. Mediation works in over 75% of the cases, and that includes those cases where people believe agreement is impossible.
4) desiring to keep their private information private. Everything said in mediation is confidential, so it’s safe.
5) interested in a planned separation. Planned separations allow couples to control the details of their separation when one spouse wants to stay married and the other spouse wants a divorce. The details of each plan are mediated between the parties to meet their individual needs. Having a detailed plan in place allows couples to break the marital impasse with their dignity intact. The result is that if the couple decides to stay married, they do not keep repeating the same mistakes. If they do get a divorce, the divorce is more amicable.
6) when collaborative law fails and the people involved want to avoid the expense and tension of arguing their case in court. The mediation process is different than the collaborative law process, and can be much more effective.
Mediation can be utilized before filing a suit in court, or during litigation. Mediation has so many benefits and is such a small fraction of the cost of litigation, many people feel it is worth trying a few sessions in an effort to reap all the benefits that mediation has to offer.
Mediation is not appropriate in some cases of domestic violence and when a person does not have the mental capacity to make their own decisions even with the guidance of professional consultants.
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