Just as the process of mediation in legal matters requires careful preparation, ingredient selection, technique, and the perfect environment, so too does the preparation of an exceptional meal. The goal of both is to present something the parties are delighted with and proud to serve to family and friends.
Mediation is one of the most important steps you can take in the legal separation process. So, just how does this compare to cooking? Consider it this way. If you’re preparing a cheese and bacon soufflé for your in-laws, you’re much more likely to take your time and pick out bona fide French brie, artisanal Norwegian goat cheese, and high-mountain, naturally cured applewood-smoked bacon. However, if you’re whipped out an instant Tuna Helper last night, the quick and easy will look enticing enough to serve for any meal. The point here is that the mediator who appears is of no less consideration than the types of cheese, bacon, or, in mediation terms, the mediator and the mediation process you might use. To make the most of your mediation, use the following recipe type steps: Select a class of options, then make more specific selections within that class.
Class 1 – Mediation Choice
Select the type of mediation: Judicial or private mediation?
Class 2 – Judicial or private mediation:
Now the first level of specifics
- Judicial Mediation An appellate court justice provides mediation services during court hours, which usually relies on different rates per hour by the judge. Mediators may be from a pool of retired judges or court-connected mediators. Judicial mediators may be better at understanding the concerns of the court than the normal run of the mill mediators, and they can schedule hearings the same day as mediation over motions or other court matters that fall into their specialty, if necessary.
- Private Mediation Perhaps the most common type of mediation, private mediation provides the opportunity to select an expert mediator based on their expertise and services. An array of choices exists, and there are no limits on the establishment of fees – there can be a significant variation in price. From mental health professionals to retired attorneys, greater flexibility in the choice of mediator serves the purpose of the parties. The connection to the food analogy here is to think about how you selected your Olympian goat cheese and applewood smoked bacon for your soufflé. Getting the best example of the right type of cheese with non-pasturized, non-fermented enzymes is not more or less important than the price or flavor. It simply addresses a different aspect of the problem. Selecting the highest-quality cheese and bacon for your soufflé might not render a better soufflé, but might make a big impact on the final result of the meal. The length of the mediation is not a sign of failure.
Class 3 – Judicial or private mediation:
Select the amount of time available and the goals of the mediation process. When you choose how long the mediation will be, what are your average expectations? The time frame can vary widely depending on the circumstances of each case. The length can take years, though it may be slightly more than two months, averaging about four to six months. Depending on the specific divorce factors, long, difficult negotiations often develop. Mediation attempts should be tried when filed, even if unsuccessful.
A case study:
- A couple wants to engage in mediation before legal separation. They know that the timing is ripe for their children and financial goals to flourish.
- The couple selects the type of mediation, and the length of mediation process.
- With the help of the process and their chosen mediator, the couple comes to agreement regarding the prospective legal separation, and about how their future will play out. Their goals are achieved, and their legal separation is fruitful.
- Four years later, the couple is happy with their children and how their lives have progressed. This is how successful fee-based mediation works.
Your system must be organized correctly using the analysis of the previous classes. Like a good soufflé, with legal separation mediation, you must follow the recipe to give yourself the best chance for success.