Mediation

Family law mediation is Joel Overlund’s specialty.

Mediation is designed to reach better resolutions for both parties, that are more durable, reached in a shorter time frame, and for a significantly reduce cost, as compared to family law litigation. Mediation allows parties to come together, discuss, and resolve issues without the threat of fighting it out in court. The ultimate resolution is largely driven by the parties. Joel has 30+ years of family law litigation experience, but believes family law mediation is a better conflict resolution process than going to court.

When it comes to divorce mediation , Joel, as a trained neutral 3rd party mediator, helps parties understand the law involved in their case, and guides them to a mutually agreed-upon fair and just resolution of all issues. Once an agreement is reached, Joel, as an experienced family law lawyer, can prepare all documents to initiate and finalize your divorce or unmarried custody case.

There are two common types of family law mediation – facilitative mediation and evaluative mediation.

Facilitative mediation is where the mediator assists the parties in making their own decisions about what is a fair and equitable resolution of their case. The mediator guides the discussion, educates the parties about the law as needed, and makes creative suggestions about possible ways to resolve contested issues. In facilitative mediation, lawyers are generally not actively involved in the resolution process, although getting the advice of a lawyer is always important. Facilitative mediation often occurs early in the process, usually before pleadings have been filed and well before a case is set for trial.

Evaluative mediation is where the mediator develops and assesses the positions of the parties, educates them about the likely resolution should the parties go before a Judge, and makes suggestions regarding possible resolution of contested issues. It is designed to help the parties avoid the high cost, and uncertain results, connected with going to trial. Evaluative mediation typically involves a mediator, the parties themselves, and attorneys working actively on behalf of the parties, collectively designed to settle cases and avoid trial. It generally takes place well into the litigation process, usually after pleadings have been filed, discovery exchanged, and the case is set for trial.

Mediators have no power to decide the issues for parties, but provide an environment for respectful and productive discussion. Mediation is voluntary and in order to be successful, each party must state their good faith intention to participate fully in mediation. Discussion between the parties and the mediator are strictly confidential. Mediation discussion, draft resolutions, and any unsigned mediated agreements, are not admissible in any court or other contested proceeding. Each party agrees to fully and honestly disclose all relevant information as part of the process. It is the goal of a mediator to allow the ultimate decision to be made by the parties, but also to resolve any disputes if possible. The mediator is there to guide, educate, and otherwise assist the parties to settle cases fairly and efficiently.

Schedule your low cost educational consultation, for $100.00, with Joel today (541) 318-8038, to learn more about family law mediation, a non-confrontational approach to separation and divorce. You and your family will benefit from this uniquely positive approach to what can be a difficult and stressful situation.

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