Marriage is perhaps one of the most important institutions where there are no defined rules of success. It is a very delicate affair and so when people in the contemporary world who live their life on their own terms feel reluctant to settle for compromises in their marriage, divorce becomes unavoidable. Like people in different parts of the world, San Antonio residents too do not hesitate to seek legal advice of a divorce attorney when they find their marriage going nowhere. San Antonio mediation helps a couple go for a peaceful divorce proceeding.
Divorce does not merely involves physical separation, but there are many financial questions which have to be answered in a divorce proceeding. It is important to resolve the financial concerns in an amicable manner so that everything gets resolved quickly without causing any bitterness in the relationship after divorce and both the partners can continue with their normal lives.
Disputes between parties arise every day. While many adversaries rush to the courthouse to file a lawsuit, this is often the most expensive and time-consuming option. Mediation is an alternative to litigation that deserves serious consideration in many cases. Mediation clauses have become standard fare in the contracts used by many multi-national companies. In regards to Arizona real estate law matters, the Arizona Association of REALTORS Residential Resale Real Estate Purchase Contract states that the parties agree to mediate any dispute or claim arising out of or relating to the Contract. In fact, mediation has become so common that there are now a number of attorneys who no longer visit the courthouse at all, but serve solely as mediators and arbitrators in an effort to help potential litigants resolve their disputes. So what is mediation, and can it help resolve your matter?
Mediation is a non-binding process where the potential litigants meet with a neutral third-party (the mediator) to discuss the merits of the case and attempt to find a mutually acceptable solution. Each side will often prepare some kind of mediation memorandum setting forth what they believe are the relevant facts and applicable law for the mediator to review in advance. Such memoranda are sometimes exchanged with the opposing party. In other cases, they are kept confidential between each party and the mediator. The mediation itself may involve all of the parties and their counsel sitting down in the same room to discuss the case with the mediator. A common alternative approach, especially in more adversarial disputes, is for the mediator to keep the parties in separate rooms and exercise shuttle diplomacy. The mediator will often play the role of a devils advocate, pointing out the weakness in your case and the strengths in the opposing partys case in an effort to persuade the parties to find an acceptable compromise.
Mediation offers a number of advantages to parties. First, it is a non-binding process. This means that the parties remain in control of the outcome at all times – from selecting the mediator, agreeing to the manner in which the mediation will be conducted, and what, if any, resolution of the dispute is acceptable to them. A mediator has no authority or power to force any party to accept any particular resolution of a dispute. Second, mediation is often a more cost-effective means of resolving a dispute. The cost of a trial for a complex commercial case can result in legal fees in the five, six, and sometimes even seven-figure range (yes, I am talking about legal fees in excess of million dollars). Finally, mediation may allow the parties to resolve their dispute in a way that a court cannot. A judge or jury is often limited to making an award of monetary damages to a party. In cases where a mere award of monetary damages will not fully or finally resolve a dispute, employing the services of a mediator to help the parties find an acceptable compromise may be the best approach.
While many parties scoff at the prospect of mediation on the basis that it is not binding, and others are skeptical that an adverse party will participate in good faith, statistics show that mediation is often very successful at resolving disputes – particularly in cases of construction defects and other real property disputes. Mediation is an alternative means for resolving your dispute that deserves serious consideration in most cases.
Many news stories have tragically addressed the issue of two pre-teenage boys who committed suicide because they were bullied.These stories focus on the child and the things that parents and schools did to avoid the problem.One thing that more schools need to do to avoid such problems of bullying, conflict resolution, and dispute management is the concept of peer mediation.
Peer mediation is a strategy that teaches student mediators strategies to help resolve conflict among their peers. Peer mediation can be instituted at any age in school from early elementary to high school.In peer mediation, students are trained as conflict managers.They learn ways to solve problems and to assist their peers in settling disputes in a way that everyone can live with.Peer mediation helps to keep manyminor incidents from escalating over time into more serious incidents.
One of the advantages of peer mediation, is the fact that in the case of a dispute, the disputing parties’ peers are helping to resolve the dispute instead of a parent or teacher.The students, with the assistance of the peer mediator, learn how they can resolve the dispute themselves in a peaceful fashion.In addition, several social studies have found that children are often influenced by their peers more than their parents.According to Nancy Kaplan, in an article originally published by School Safety, Winter 1996, entitled aStudent mediation: opportunity and challengea teaching students to employ conflict resolution skills produces significant results in decreasing school confrontations and violence.
About the author: Steven G. Mehta is one of California’s premier award-winning attorney mediators thanks to his work in helping resolve disputes in a variety of types of civil litigation. Steve has been successfully mediating complex cases since 1999. He has been repeatedly selected by his peers as a SuperLawyer in the field of mediation and has been selected as one of the aBest Lawyers in Americaa in the field of mediation. His unique ability to understand the human process and the complex emotional issues involved in negotiations enables him to effectively assist the parties in obtaining the best possible results during mediation. Steve is well known and respected as being a fair and neutral mediator who works hard at trying to obtain a favorable resolution for both sides. Lawyers who have worked with Steve have described him as aknowledgeable, patient, and creative,a aoutstanding,a a avery capable mediator,a a amiracle worker,a and as having a afriendly and professional demeanor.a Steve has taught thousands of lawyers and businesspeople to negotiate better. His courses are highly sought after and often sold out. He is the coauthor of the California State Bar’s book Opening a Law Office. Steve specializes in resolving very difficult and emotionally complex or charged cases. He can be reached through his website at www.stevemehta.com.
