Mediation

Family disputes are very delicate and require a well-informed, skilled, and compassionate attorney. Our attorneys have all of the attributes necessary to represent you during your mediation or conduct your mediation.

Mediation vs. Litigation

Litigation involves the use of a court of law in legal action. In a family law dispute, there are many sensitive issues that are presented to a court during the course of a trial in front of a judge e.g., who the children should live with the majority of the time, an affair, etc. Addressing such personal issues in a public setting can lead to strong emotions and hostility among family members.

In mediation, the parties meet with a third-party neutral to try to work out their issues privately. There are several advantages to going this route. First, it is less expensive than taking a matter to trial. Second, if the parties are able to come to an agreement, it takes less time to obtain a result than taking a matter all the way to trial. Third, the more parties are able to agree upon, the more they seem to be able to work with one another going into the future. Fourth, a trial is a small “snapshot” of a much larger picture that is your life. It is hard for a court to understand how important certain holidays are to you and your family or how much more you liked the grandfather clock in the living room. Simply put, a judge can never know your situation as well as you and the opposing party do. As such, mediation can help better tailor your judgment to the needs of you and the opposing party.

Family Mediation In North Dakota

In January 2014, the North Dakota Supreme Court initiated a Family Mediation Program. According to Rule 8.1 of the Supreme Court Rules: “The goal of the program is to improve the lives of families and children who appear before the court by trying to resolve parental rights and responsibilities disputes through mediation in order to minimize family conflict, encourage shared decision-making, and support healthy relationships and communication among family members.” As long as you and the opposing party have a minor child, you will receive six free hours of mediation automatically. This takes place with one of the mediators hired by the State of North Dakota in your geographical location.

The Attorney & The Mediation Process

Attorneys and non-attorneys alike can be mediators. This being said, it is wise to hire a mediator that is not only an attorney but an attorney that is knowledgeable in the particular area of the law in which you are involved.

Although many mediators are attorneys, they do not represent either party during mediation. They are simply there to help the parties reach a resolution of their issues. As such, it is a good idea to have an attorney at the mediation to counsel you on the law and its application to your particular situation.

Contact SW&L Attorneys Today

Consult a family law specialist in mediation to ensure that you understand each step of the process, your rights are represented, deadlines are not missed, and all necessary documents are filed appropriately. Contact our lawyers today at 701-297-2890.