Divorce, business and personal disputes can be financially & emotionally devastating. Since it is your emotions, your time, your money and your family or business that are involved – the process should remain in your control. Wiere Mediation is an alternative to attorneys, litigators, litigation and the adversarial process. You owe it to yourself and your family — consider mediation before you go to court.
Creates A Fair Agreement – Not Winners And Losers
The adversarial process tends to favor the side with the most money, most power and most resources. It is almost impossible to not have a winner and loser. Once the agreement is reached, no matter how adversarially obtained, the parties are usually left on their own to implement the agreement – winners tend to gloat and continue to wield their power, and losers are always trying to find ways to get even. If you mutually agree to a fair agreement using mediation, implementation becomes much easier.
Diminishes Trauma To Children
Once again, you must examine the legal process. Intimidation, legal process, courts, judges and court-assigned and/or mandated psychological exams, mediation and arbitration – all done with representation to get the “best deal”. Where does this result in “what is best for the child(ren)”? And when you hear and read about the decisions courts have recently made, does it seem the best interest of the children is foremost? The answer is “No.” In order to reduce trauma to children, you must be in a process, like mediation, that encourages less trauma!
Reduces Expenses Substantially
Usually mediator’s fees are less than an attorney. Usually mediation moves along quicker. In most mediations there is only one mediator, whereas in a litigated process there are two attorneys. Every time one attorney does something, the other must respond or do something too, therefore there are two fees every time there is activity.
Focuses On Financial Realities
In the adversarial process, each side tries to get the “best deal ” for their client. If there is equality of representation, they should end up somewhere in the middle. Wiere Mediation works to understand the financial situation, and then works with the clients to help them also understand the situation – including helping the clients acknowledge the reality and resolve the issues.
Mediation involves one mediator versus two attorneys. Mediation requires no court calendar. In litigation, the “discovery” process requires lots of formal information from both parties for both attorneys. Mediation only needs the parties to agree. If both say a particular asset is worth a certain amount, that is the end of the topic. If an appraisal, or several, is required it can be done, but only as necessary. Mediation treats parties with respect and dignity: although California is a no fault state, the adversarial process tends to result in accusations and blame.
Evolves Solutions Instead Of Court-Ordered Mandates
The court is bound by precedents, rules, regulations, laws and attorneys advocating for their respective clients. The court dispenses rulings and imposes solutions based upon this process. Wiere Mediation helps you find sound, workable and acceptable solutions that fit your situation.
Wiere Mediation is not interested in blame or fault, simply helping the parties deal with the situation and finding solutions that both parties can be comfortable with.
Nurtures Relationships By Avoiding The Adversarial Process
During a hotly contested dispute, it is hard to nurture the relationship on the one hand, and intimidate, advocate and blame the other party in an adversarial way on the other. There is a basic divergence of goals and objectives – the judicial process is difficult at best! Mediation focuses on creating agreement, not creating blame.
Encourages The Use Of Therapists
My experience is that a dispute is usually about two things – money and emotions – everything else fits into these issues, including children and legal issues. The money (deal) can best be handled in a way that focuses on the primary money issues. The emotions, if they can’t be kept under control by the parties, can best be handled with the help of a professional trained to do so.
Promotes The Use Of Your Own Advisors
There are people who know you and your situation best and care about you and your situation most. In the traditionally litigated situation, attorneys often bring in outside “forensic specialists” to analyze the situation. In Mediation, when there is an actual disagreement as to valuation or other economic or legal issue, a specialist can always be consulted – but we first try to handle the situation with existing, known advisors, saving you money and stress.
Facilitates Open Communications
The mediation process is communication, facilitated by a mediator experienced and trained to help you find solutions. If during the mediation process you have learned to communicate and negotiate effectively, you will more likely be able to continue to do so afterward while carrying out your obligations. Litigation is about winning and losing, mediation is about win/win. Why? Because that’s the way it is – the difference is like the difference between night and day.
Keeps Control With The Parties
No courts and attorneys – avoids the convoluted legal process. The adversarial legal process takes on a life of its own. Once the parties become involved with this process, it is almost impossible to maintain control. Control ends up in the hands of the attorneys, who are bound by legal etiquette and procedure, and are subject to the whims of judges and all the delays of scheduling and available court dates. It is your life, your money, your family – you should maintain control of your own destiny.
Why do you suppose most civil (including divorce) litigation ends on “the court house steps”? It’s because the parties finally get to the point where they are worn out, totally frustrated, running out of money, and “just want it to end “. Wiere Mediation believes that the more time and money spent on litigation, the less likely either party will be satisfied. Mediation offers a process that will most likely result in a satisfactory resolution – in less time and with the expenditure of less money.