405.305.1046 Susan@boaldinlaw.com

Mediation

Why Mediation?

The three main reasons for mediation are:

  1. Save time,

  2. Save money/dollars, &

  3. Reduce stress and mental anguish.

What is Mediation?

Mediation is an alternative to filing a lawsuit or going forward with a lawsuit all the way through trial and judgment by the courts.  In a lawsuit, each party has an attorney to represent them before the court and a judge functions as the neutral third party.  The process is adversarial by design and by its nature.

Mediation involves a neutral third party trained to bring conflicting parties together in an amicable solution that resolves the dispute.  The mediator in essence walks with each party to help them see a resolution that they could not see without her skills.

How to Mediate?

The first step is for each party to agree to mediation.  Then, the parties need to agree on a neutral third party mediator.  The mediator works with each party to understand the pair of shoes within which each is walking.  Then, she applies her professional skills to lead each party to a new and deeper understanding of all sides of the issues in dispute.  The parties meet with the mediator at a neutral location and work together towards consensus on a mutually agreed resolution.

Mediation works best when each party seeks resolution sooner rather than later.

When to Mediate?

The parties can engage in mediation at any time during a conflict.  At times it makes sense to bring in the mediator during the initial stages of a conflict.  This is especially true when the disparity between the parties’ positions is not great.

Mediation is also valuable after a lawsuit begins.  Often, a dispute involves issues on which the parties are not far apart and other issues where they are not even in the same ballpark.  The mediator can resolve the issues where the parties are closer.  Thereby, the lawsuit can focus on the areas where major differences exist.  As a result, time, dollars, and stress decline.

Who should mediate?

Mediation is applicable to any type of dispute.  Mediators often resolve family conflicts resulting from marital dissolution.  These issues include custody, child support, spousal support, and division of assets.  Commercial or business issues are also candidates for mediation.  Disagreements over a contract’s interpretation are often prime subjects for mediation.

Anytime you have a dispute with another, whether you or the other party initiated the dispute, mediation should always be a considered as a method for resolving the dispute.

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Susan remains up to date with and continues training in mediation based on the guidelines set forth in the Oklahoma District Court Mediation Act.  Her areas of service involve conflicts concerning:

  • Family/Divorce (e.g. custody, spousal support, child support, & division of assets), and

  • Civil, Commercial & Employment disputes (e.g. contracts).

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