Family Law Mediation

Murphy, Taylor, Siemens, & Elliott, P.C. For Mediation

So you or a loved one are facing a divorce and all the stressful circumstances that it entails- maintenance, child custody, child support, visitation, and division of assets, to name a few? This is no doubt an unsettling time where decisions must be made that will forever affect your family’s life. The thought of discussing the innermost facets of your family’s life in open court can be intimidating. Communicating through a parties attorney and your own counsel can create misunderstandings and greater conflict. The prospect of a trial, where a judge decides your family’s fate is stressful and risky. There is a better way. The attorneys at Murphy, Taylor, Siemens, & Elliott P.C. are proficient in mediation as a more controlled, fair, and peaceful way to address the decisions that must be made in a divorce and custody battle.

What Takes Place During Mediation?

Mediation is a method of settlement facilitated by a seasoned third party, who takes both party’s interests into consideration and facilitates an outcome that benefits them both. The mediator spends hours speaking to each side, attempting to truly understand their individual lives and the factors that are most important to each party. The agreement that the parties come up with is based on a complex knowledge of each parties desires and needs. Instead of a judge rendering a verdict, based on short-sided testimony and on emotions that can flare up in a courtroom, the mediator, on agreement, is the product of a fair agreement reached by both sides.

You can be assured that the attorneys at Murphy, Taylor, Siemens, & Elliott P.C. have a wealth of experience representing clients in their divorce and understand the priorities of each party that is attempting to disentangle their lives together. We bring that ample experience to the mediation table and provide our clients with a much more diplomatic and systematic process in which to achieve their goals in their divorce.

Benefits of Mediation

When a couple is facing a divorce trial, the time leading up to trial is like a pressure cooker- where children are caught in the middle of that tension. Family members and friends of each party are often dragged into the mix, to testify as witnesses or just carry the burden of the two suffering and stressed out parties. Mediation takes a few hours and leaves the children at home. Each party is able to voice their concerns to the mediator, without fear or intimidation of the other parties presence. Mediation omits the risk of children and other loved ones being dragged in the middle of a divorce and of close relationships being forever tarnished. The attorneys at Murphy, Taylor, Siemens, & Elliott P.C. understand the adverse effects that a trial and litigation can have on children and loved ones of a divorcing couple. They take their jobs seriously when it comes to preserving the relationships of their clients. Mediation is a wonderful tool to accomplish this, when facing a divorce.

More Advantages of Mediation

Mediation is more economical, as it minimizes the costly back and forth between both sides and their attorneys. The mediator speaks directly to each party and is unbiased. The mediator gets to the crux of each issue and tries to find a solution that benefits both parties fairly. Mediation itself lasts only a few hours, where the build up to a trial can take months or even years. The time that an attorney is representing an individual during this time, as well as all of the paperwork that litigation entails and the actual trial itself leads to accrual of attorney fees. A mediation is a much more economical.

Murphy, Taylor, Siemens, & Elliott P.C. For Mediation

The mediators at Murphy, Taylor, Siemens, & Elliott P.C. aren’t judgmental or critical of the clients looking to them for mediation. Their number one priority is to help a couple reach an impartial and evenhanded settlement, in a swift amount of time. We look out for your relationships and your financial well being, in mediating your divorce to be most fair and beneficial to both parties needs. Instead of dealing with a drawn out, contentious divorce trial, the attorneys at Murphy, Taylor, Siemens, & Elliott P.C. are pleased to offer mediation as a more remedial alternative.


 

Mediation FAQ’s

If you’re an individual facing a divorce, Mediation is a very prudent option to consider. The attorneys at Murphy, Taylor, Siemens, & Elliott P.C. are well versed in the Mediation process and can walk an individual smoothly through it. The Mediation option undoubtedly comes with many questions, and our attorneys are primed and ready to answer them.

What is Mediation?

Mediation is a meeting between both parties in a divorce or custody cas with a third party- the mediator- present to act as a liaison and moderator. The Mediator will meet with both parties, together or individually, and come to an understanding of each parties situation and goals for the outcome of their divorce or custody case. If one or both parties have an attorney, they may be present during this meeting. The Mediators at Murphy, Taylor, Siemens, & Elliott P.C. have the sole intent to find a solution that works for each party. We aren’t here to judge or lay blame on an individual. Taking each parties goals in mind, we try to understand which issues can be agreed upon mutually by both parties. Many times, the Mediator can offer solutions that neither party will have considered.

Why Mediation?

Litigation and divorce court can be time consuming, expensive, and extremely stressful. Attorneys are responsible for relaying their clients’ goals and issues to the court and may misrepresent or minimize their client’s’ situation. At the end of this process, a Judge decides the fate of an individual and their family. Mediation is much less costly and quicker than a trial or litigation. Not only that, but the agreement is based on an in-depth understanding of each parties circumstances. Studies have shown that the majority of people are pleased with the outcome of their mediation, compared with those couples that endured a trial.

What is the cost of Mediation?

The majority of Mediators charge an hourly rate and payment is made at the mediation.  The costs are normally split in half between each party. The Mediators at Murphy, Taylor, Siemens, & Elliott P.C. work diligently to facilitate a quick and cost-effective Mediation agreement for both parties.

What is the time commitment of Mediation?

The answer to this question depends on a variety of factors. Some of these include: How many issues will need to be hashed out during the process? How willing is each party to come to a resolution and how cooperative will they be? The complexity of the issues and cooperation from each party are also indicative of how long the process will take. On average, a Mediation can last anywhere from two to three hours. Sometimes a second Mediation session will need to be scheduled, if it’s apparent that headway has been made but more time is needed to conclude the ordeal.

What factors are covered in Mediation?

The total scope of your divorce or custody case can be discussed in Mediation. Some factors that are normally covered are co-parenting and child custody situations, spousal and child support, medical and insurance matters, division of assets and liabilities, etc. If either party has an attorney, that attorney may be present at a Mediation proceeding and can advise their client or make the Mediator aware of any factors that may have been overlooked.

How do I prepare for Mediation?

The old saying: Fail to Plan, Plan to Fail applies when facing a mediation. The more preparation you make in advance, the more favorable it’s outcome will be. Creating a list of the issues you’d like to discuss in a Mediation is tantamount. If you’re represented by an attorney, a meeting with them to prepare for the Mediation is a good idea. Bringing paperwork and records to substantiate your claims is also necessary. The attorneys at Murphy, Taylor, Siemens, & Elliott P.C. can ready you for an impending Mediation and make sure you’re prepared to go through the process successfully.

Is Mediation Confidential?

The information gleaned from a Mediation and the statements made by each party in not admissible in court. All information given to the Mediator is confidential and he or she cannot be compelled to testify in court, except to verify that an agreement was or wasn’t made in Mediation.

 

What if Mediation is unsuccessful?

In the situation of an unsuccessful Mediation, each party will be better off than they were when they started. Many issues may have been better understood by each party and some of them may have been hashed out during the process. Oftentimes, the process offers new insight and solutions to a couple’s disagreements. The couple can take this new understanding and ideas into a litigation proceeding that could make that process swifter and smoother.

The Mediators at Murphy, Taylor, Siemens, & Elliott P.C. will do their best to render a fair and equitable solution to a couple’s marital dissolution and to make sure each party is satisfied. We will walk you through the process so that it’s as efficient and positive as possible.

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