Mediation Myths – Part 1
Mediation is TOO expensive – Mr. Baroway tends to charge less than lawyers as they are not required to appear in court with you. Additionally, the parties often divide the costs. Most divorce or post-divorce cases are settled in one to three sessions plus a few phone calls or emails.
My spouse hired a lawyer, so it’s TOO late. – Although it is usually best to mediate earlier in the case, it is never too late for mediation. In fact, most courts require you attempt mediation before ever seeing a judge. Your spouse can come to mediation with or without their lawyer. If you want to mediate and your spouse does not, you may file a motion to mediate, which are usually granted.
I can’t bring my lawyer to mediation, so it’s TOO late – Lawyers are always welcome at mediation with you. As an alternative, you may also call them as the mediation is proceeding and/or have them review any proposals before you sign any agreements. I highly recommended in most cases.
I am tired of compromising. I just want my day in Court – There are often alternatives to pure compromise by the parties at mediation. A skilled mediator will learn about your case and sometimes may be able to suggest alternatives not considered by the parties. Mr. Baroway has seen many options to every roadblock that may exist in your case. Additionally, settling the dispute almost always increases your financial position and reduces the psychological damage caused by long protracted litigation.
Why pay for a mediator when court is free? – There are many very good reasons to mediate rather than litigate. First, mediation is fast, efficient, and reduces the financial and emotional costs of divorce. You can usually schedule your first mediation within a week or two while it will take months if not years to get a court date. Additionally, when there are third parties involved such as children, co-parents, and on going financial issues, it is important for everyone involved to find a quick and fair solutions that allows you to move on with your life.
I will get run over at mediation by my ex – With over 25 years of experience as a lawyer and a judge, Mr. Baroway will not allow oee party to dominate the proceedings. Both parties will feel like they had a chance to be heard in a safe and confidential setting of any of my offices.