Mediation

Mediation is a process in which the parties negotiate directly with each other, with the assistance and guidance of a neutral third party called a “Mediator.” The role of the Mediator is to facilitate the dialogue between the parties. By clarifying the concerns of each and ensuring that each is being heard., the Mediator can assist the parties in reaching agreement. A skilled Mediator can also provide ideas and options for resolution of the various concerns raised by the parties.

Since the Mediator does not represent either party, it is highly recommended that the parties each obtain independent legal counsel to advise them of their rights and obligations, both prior to, and throughout, the Mediation. The role of the lawyer in support of Mediation is to provide context as to the probable outcome of issues in court. More importantly, the lawyer for each party in Mediation should provide the client with ideas as to how to address issues that may have little, or nothing, to do with the probable outcome of these issues in litigation. The lawyer in support of Mediation is a problem solver, assisting the client in unlocking the creative power of Mediation, with which the parties can reach their own agreement. This agreement may take into consideration concerns which cannot be addressed by the court. Indeed, in Mediation, the parties have the opportunity to “make their own law” in finding solutions uniquely designed to meet the needs of their particular family.

Jim Skirbunt and Sharon Skirbunt are certified family law mediators. The firm takes pride in the ability of its lawyers to successfully mediate matters that present difficult or challenging issues and have been appointed as mediators to resolve litigation pending in the United States District Court, the Cuyahoga County Probate Court and Domestic Relations Courts across Northeast Ohio. The lawyers of Skirbunt Cahn Skirbunt Ramsey also function as counsel for individuals engaged in Mediation and provide these clients with creative ideas and solutions to problems that they can then take back to the Mediation.

Mediation is an alternative to litigation that provides an opportunity to resolve differences with the assistance of a neutral mediator whose job it is to facilitate focused discussion and an agreement between the parties. Our attorneys and certified mediators are experienced in mediation practice and can provide neutral mediation services or serve as counsel to provide guidance and legal insight necessary to reach agreement. Call us. We can help.

Sample Mediation Agreement