The Mediation Process
When people separate or divorce, there are usually strong emotions. They often disagree about children and/or financial and other issues. Mediation is the most widely-used dispute resolution process for separating parents or divorcing couples to resolve their conflicts and move on with their lives. Mediation is not intended to replace legal representation, but it can help guide you through the process and answer the questions you may have so that you can make good decisions for your future.
Mediation produces better outcomes by empowering participants to retain control over the terms of their divorce or separation agreement. Mediation is a voluntary and confidential process. A neutral third person serves as a mediator to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial, as opposed to litigation. In mediation, we build on the parties' share interests. Mediation is not therapy or counseling, although parties in mediation sometimes decide to seek support from an outside mental health professional. A Mediator’s objective is to help the disputing parties reach a mutually acceptable, voluntary, and enforceable agreement.
Most of the people we work with are seeking an Uncontested Divorce. This means they never step foot in a courtroom but the Family Court Judge signs off on their paperwork and enters the divorce decree. Many people believe that because they are fighting, they will not be able to achieve an uncontested divorce. Our mediators are trained to work with people who are upset, angry, fearful about the future, and expressing these strong emotions. We can help.
Online mediation is convenient and has been extremely successful through Zoom. Research supports the efficacy of online dispute resolution. At this time, we are meeting clients both in-person and online. We want our clients to feel comfortable and safe so they can make rational, well-informed decisions. You tell us if you prefer to meet in-person or online.
Flat Fee Mediation is now available for clients who would like to secure three (3) hours of mediation in order to see if the process is right for them. If both parties want to continue the mediation after three (3) hours, additional fees will apply. Call us to find out if flat fee mediation makes sense for your family.
Divorce 101: Joint Educational Meetings. You and your spouse pay a $300 flat fee to spend up to ninety (90) minutes with a neutral mediator to learn about the relevant law, divorce process options, and path to an uncontested divorce by affidavit. Get educated so you can both move forward together in a fair, fast, and respectful manner.
Co-Parenting Meetings. Need to decide which summer program or extracurricular activity to sign the kids up for? Spend up to three (3) hours with a child-focused mediator and your co-parent to work through these issues in an amicable, respectful, and thoughtful manner with a focus on developmentally appropriate choices for your child or children. Your kids deserve this.
"Empirical evidence consistently points to parental conflict as the factor that most consistently predicts maladjustment among children whose parents have separated or divorced."
Robert E. Emery, Renegotiating Family Relationships: Divorce, Child Custody, and Mediation. New York: The Guilford Press (1994), p. 13.
Every family is different. There is no on-size-fits-all solution to family conflict. We strive to meet each family's specific needs. The following dispute resolution processes are available to support child-focused parenting and ensure efficient conclusions to conflict.
PARENTING COORDINATION
Parenting coordination is a hybrid legal-mental health role that combines assessment, education, case management, conflict management, dispute resolution and, at times, decision-making functions. It is appropriate when parents are unwilling or unable to jointly make parenting decisions, communicate effectively, comply with parenting agreements and orders or shield their children from the toxic impact of conflict
ARBITRATION - PRIVATE JUDGING
Hawai'i law allows parties to select a neutral arbitrator to act as a "private judge" to more efficiently bring closure to families in conflict. The goal of arbitration is to provide parties with a decision that is earlier, faster, less formal and less expensive than a trial. Arbitration involves submission of a dispute to a neutral arbitrator who renders a decision after hearing arguments and reviewing evidence. It is usually less rigidly structured and can be concluded more quickly than formal court proceedings.
COLLABORATIVE LAWYERS
Both parties agree to hire collaborative lawyers to represent them. Collaborative lawyers are NOT allowed to litigate a divorce or custody case. Collaborative lawyers negotiating settlement may recommend support services from a child development specialist, family or individual therapists, business or property appraisers, financial planners, or others with substantive expertise. Each family can layer on additional services as needed. If settlement talks fail, then the parties must hire new attorneys.
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