truths about mediaion

Truths About Mediation

1.TRUTH- Mediation is cheaper than litigation. Yes, if you use a good mediator, that is experienced in family law, you can and should save SUBSTANTIAL sums of money. It is far cheaper to spend a day or two in mediation, even with your attorney present, that in trial.
2.TRUTH- Mediated Agreements work – By coming to an agreement yourself, rather than having a Judge decide your case for you, you have allowed yourself to be in charge of your own life. An agreement that you make, with your partner, is usually going to work and keep working far longer than an order someone else makes that does not even know you.
3.TRUTH- Mediation can and does let you control the outcome. A good mediator is one that facilitates you and your partner to come to an agreement that fits your own family, not the Judges family, the mediator’s family or your lawyer’s family.

myths about mediation

Myths About Mediation

1. MYTH- A Mediator can be used instead of an attorney. Many people think they will “just skip a lawyer and go to a mediator instead”. Since a mediator cannot give you legal advice, the person that goes to a mediator without talking to their own attorney does not know what he/she is giving up. As a family law attorney, Debra has often had to help people try to get back what they gave up in mediation without a lawyer.
2.MYTH- A mediator can draft your legal documents. Beware of mediators acting as lawyers. They can not draft your legal documents. Why? A mediator cannot be your lawyer. More than once, Debra has had to “fix” cases where the legal documents have been “written up” by a mediator that was not an attorney. Usually they are incorrect, poorly drafted, and set out in such a confusing manner, that Courts will not take the documents.
3.MYTH- A Judge Knows Better – NOT TRUE- Many people will say, “well, too bad, we can just let the Judge decide”. These same people do not know that the Judge does not want to decide and is often very unhappy that they have to decide the case. Many Judges get annoyed and exasperated with parents that cannot make joint decisions about their own children. A tired and exasperated person deciding your children’s future is not how one wants to have their children’s childhood decided.

Alternative Dispute Resolution

Alternative Dispute Resolution, Mediation, FENE, & SENE

What is all of this?

All of the above titles refer to a “neutral” process. The neutral process is designed to help people in divorce or custody matters, finds a way to settle their case, without having the Court decide the case.

Why do you want to avoid having the Court decide your case? The biggest reason is the court does not want to decide your case. That should be reason enough. Why would you want a person that does not want to decide how your children will live or your money will be spent, making those decisions????

Because the Judge really does not wish to decide your case, and most people are happier when they decide their own cases, various processes have been developed over the years to help people come to an agreement concerning their divorce or custody matter.

All of these alternative processes are lumped under the category Alternative Dispute Resolution. (ADR) The first and foremost alternative process is called: Mediation.

Mediation – Rule 114 of the Minnesota Rules of Court require parties to a law suit to attempt to settle their case in mediation. In mediation the neutral, in this case Deb Julius, works with you and the other party, to come to an agreement that resolves your issues. Mediation involves compromise. It involves hearing the other person out and letting them talk. You may have your attorney with you when you come to mediation.
Mediation is private. Whatever is said in mediation will stay in mediation. So, you can be honest and yourself. Mediation is something most everyone should try. Why? Because it is cheaper and tailored to your needs.