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Mediation

February 22, 2008

What is Mediation?

Mediation is a problem-solving method in which a neutral, impartial third person assists the parties in resolving issues to which there is a dispute.  Mediation is informal and non binding, meaning that you cannot force the other party to mediate an agreement.  The mediator, unlike a judge, is not the decision maker, but instead helps the parties develop options.  The final decision always rests with the parties to reach a resolution that works for both of them.

Mediation is a popular alternative for family law cases because it is confidential, informal, and less expensive than traditional litigation.  Additionally, because the pace of mediation is set by the parties, it can be time-savings to parties as well, as you are not waiting for a court date to proceed.  Finally parties can decide to mediate with their attorney present to provide guidance during negotiations, or without their attorneys present, which can reduce costs. 

Once the parties have reached a mediated agreement, the mediator should prepare a memorandum of understanding and forward it to the parties' attorneys.  It is then the attorneys responsibility to put the agreement in the proper legal format to submit the agreement to the Court to be finalized. 

If you are interesting in learning whether mediation is right for you, contact your attorney, or call the The Herr Law Group for a consultation at 735-4377.

July 20, 2007

2007 Peacemaker Dinner Announced

NEVADA MEDIATION WEEK EVENTS ANNOUNCEDDove_in_flight


Mediators of Southern Nevada, Inc. (MSN) will celebrate Nevada Mediation Week, September 15-21, 2007, at a gala dinner on Wednesday, September 19 at Texas Station Hotel and Convention Center. The 2007 Peacemaker of the Year dinner is part of the Nevada Mediation Week activities and will recognize contributions made by members of the community in helping to bring peace to the community. Art Ritchie, Presiding Judge, Family Division of the Eighth Judicial District Court, will be the featured speaker. The evening's emcee will be news anchor, Nina Radetich.

Other activities planned for the week include the annual meeting and three workshops co-sponsored with the Saltman Center for Conflict Resolution to be held on Saturday, September 15.

For more information or to make reservations for any of these events, contact MSN at (702)631-2790 or go to www.mediatorsonv.com.

July 15, 2007

How to Choose a Mediator

This post comes from author and mediator Diane Neumann, who writes about choosing a mediator in her article entitled "The Most Common Questions Asked About Mediation" at DivorceSource.com.  In her article she suggests:

The success of your mediation will be greatly affected by your choice of this professional.

Before hiring the mediator, consider the kind of information you will want to know about this person. On the telephone or during the initial session, you may want to ask the following questions:

  1. What issues do you mediate?
  2. What percent of your practice is devoted to mediation?
  3. Are you certified? By which organizations?
  4. Do you belong to a professional association of mediators? If you do, does this group have required or voluntary standards? If it does, are you committed to these standards?
  5. Do you have another professional practice? If so, what is it?
  6. What mediation training have you had?
  7. How many mediations have you done?
  8. What is your experience /knowledge in:
              a. Divorce law
              b. Parenting plans
              c. Financial issues of divorce
              d. Tax consequences of settlement
              e. Other matters of divorce (pensions, life insurance, etc.)
  9. Will the sessions be confidential?
  10. What is the average number of sessions that we will attend?
  11. How much do you charge? Is there a separate charge for services such as telephone calls and the final document?

To read her full article click here.