Mediations can be successful with just one lawyer. However, our company uses Co-Mediation. Most disputes involve emotion and distress, and sometimes anger. We believe that the combination of a nationally known attorney and a licensed clinician who are seasoned and experienced in mediation can produce positive results in cases that might otherwise not settle.
For example, in a child custody dispute, a case might be “successfully” mediated only to fall apart several months later when one party decides to return to court because he or she felt pushed into an agreement. In a personal injury case, a client might decline to enter into a fair settlement agreement because he was unable to “tell his/her story” before a compassionate, neutral person who had the ability to listen. In business disputes, a party might fear (incorrectly) that the other side is trying to destroy his or her business and that a litigation strategy is the only option. A seasoned clinician such as Ms. Woolverton can be invaluable in helping to facilitate communication in a manner that reduces misunderstanding and reduces counterproductive emotions from the mediation process.We believe that in almost all cases, litigation is a fundamentally destructive process that should be avoided whenever possible. Litigation can involve vast intrusions into a party’s privacy, and often angry, confrontational behavior, long delays and even trauma. In our experience, the old aphorism is very true: Justice delayed is justice denied.
We believe in the following additional principles:
- All persons are entitled to be treated with dignity in the mediation process.
- If participants are asked to forego their legal rights in court, they should be able to “tell their story” to someone who is empathetic and caring, resulting in a successful mediation.
- Mediation entitles the parties to construct an agreement that they can both live with.
- In a child custody dispute, children should feel as though they have two actively involved parents when the parties have a final agreement.
- Participants should not feel pressured in any way by the professionals involved,
including their counsel.
- Participants who do not wish to be in the presence of another participant should not have to be.
- In family cases, the presence of a licensed psychotherapist will bring an understanding of child development issues within custody, visitation and parenting plans, and in family concerns of
- If a mediation is initially unsuccessful, i.e., the parties are unable to reach an agreement, we will continue to work on your case with your permission. This work can include contacting your attorney and/or other parties in an attempt to achieve resolution.
- Mediation, and, specifically, Co-Mediation takes a great deal of stress out of conflicts, thereby allowing the parties to walk away feeling contented with the outcome.
- Co-Mediation provides two sets of brains and points of view that together give the parties a greater chance at reaching an agreement; we believe in this principle so strongly that we will only mediate cases where the parties agree to Co-mediation.