Mediation is Very Simple….if you come to the table.
What do I mean by that? Unless you come to the mediation table with a willingness to be reasonable, to come to a logical compromise, to give a little in order to settle and a desire to preserve a relationship, mediation will get you nowhere.
Here’s how mediation works:
- I am not an attorney and cannot give legal advice and cannot represent you. Mediation does not involve legal advice giving when you work with me, nor am I representing either party. What I do is bring two people proverbially together (we can do mediation online) and facilitate a conversation about a compromise that works for all people concerned.
- I have both sides write a narrative explanation of the conflict.
- Then we extract the concise issues in a bullet point list form.
- This leaves us with a list from both parties as to what they each want.
- Most of the time several of the bullet points on both sides are identical. We write those identical points down on a third list, our compromise list.
- As we go over the remaining bullet points on our two initial lists, we one by one simply come to a compromise on each point and when we do we add that new compromise to our compromise list.
- Eventually we come to a compromise (or sometimes parties walk away, but at least they were willing. I will work with both sides until they sign a form agreeing that they have not reached a compromise but that I have discharged my duties as a Mediator).
- When we come to a full compromise both parties are left with an identical compromise list. That list is not a contract though in the written sense of the word and I cannot form that written contract for you since I am not an attorney, nor can I advise you as to whether what you have agreed upon is lawful or enforceable in any way.
- Both parties take their compromise list to an Attorney who is the only person who can advise as to legality and enforceability.
- Have the Attorney formalize the bullet point compromise list into a valid and enforceable written contract.
- sign the contract
- abide. (the dude abides – I couldn’t resist quoting the Big Lebowski)
LegalShield costs $20 a month for a Family Membership and your LegalShield Partner Law Firm can help you formalize the compromise list into a written contract. Click here to see a 7 minute video about LegalShield and how it works.
I charge $300 for mediation. I do not care if we have to meet several times, if we have to work online we can work online (in fact online mediation using any online video conference program is the easiest).
You can pay me for mediation on my light blue button “Pay Here” page. All you have to do is pay on the “Pay Here” page and write a brief explanation in the explanation section on that page and we are on our way.
James F. Polk