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MEDIATION

Mediation is a form of conflict resolution, customized at David Kirsh Law and Mediation, to help participants reach solutions to disagreements, whether legal or personal. Many legal disputes can be resolved through mediation, saving both parties the expense and anxiety of a trial. The primary benefits of mediation are cost, certainty and, in some cases, continuity of the relationship.

  • In family law, mediation may mean arriving at agreements on matters of property division, maintenance, child custody, visitation, and child support, to name a few. As your mediator, David will work with you, your spouse, and your attorneys to facilitate crafting an agreement as to all or some of the issues in your divorce or other conflict. David adjusts the style of the mediation to best fit each situation and your needs.

  • David is also experienced in mediating between parties mired in other types of disputes, for example, business, wills and estates, and personal matters.

  • The confidentiality of the mediation process is guaranteed by law. Mediation allows both parties to be more open and flexible in their thoughts and options without the adverse consequences which may arise in a different setting.

  • Trials are costly. A common rule of thumb is that your attorney(s) will each spend 3-4 hours to prepare for trial for every hour you spend in court. And that is in addition to the costs of discovery, experts, etc. Preparation for and attendance at mediation will be far less costly.

  • Mediation insures certainty. At a trial, the decision will be made by a judge who doesn’t know you, your spouse, your children, your business, or history. The judge make will decisions with long-term consequences for you, based on a limited amount of highly contested information and argument. A court is limited to the "meat cleaver" approach. The cleaver comes down: you get what’s on the left, the other party gets what’s on the right. In a mediated settlement you can be much more creative and precise than can a judge.

  • Finally, if your situation is one where you will have to continue in a relationship with the other party, a mediated settlement is apt to pave the way for a smoother future. People are much more likely to comply with and trust an arrangement which they have crafted and given their consent, rather than one imposed on them. Even if you do not achieve a resolution during mediation, the frankness of the process frequently opens options which lead to a later settlement.

The advantage of retaining David as your mediator is his nearly 40 years of experience in the family law field, where he has developed his own creative solutions to a multitude of nuanced issues, to help break whatever logjam has impeded settlement.