One of the great perks of working through a conflict through mediation is the ability to take a break.

When the issues that need to be discussed get tough and the emotions run high, mediation allows for an intermission. Quite literally, I will in the middle (“inter”) of the process (“mission” = resolving the conflict) take a step away. Sometimes it is a five-minute break during a session; other times, the couple takes a few weeks away from the mediation room.

Unlike litigating a conflict, where court calendars define the timeline (like it or not; ready or not) mediation works on the schedules of the clients.

It is just one more way that mediation fits the clients’ pace, and not the mediator’s calendar.

If you have the goal of resolving your conflict, but don’t want to rush to a remedy, call or email Holistic Mediation. I’m in no rush either.

Jenna Brownson, Esq. at 978.760.0482 or jenna@holisticmediation.org

Even though many consider mediation a more relaxed and informal way of resolving a conflict, one that could otherwise be litigated, that notion is a little fuzzy. People who use mediation as a tool for alternative dispute resolution (ADR) find many advantages to those who “lawyer up” and battle their divorce out in court.

One way that mediation is always better than litigation is the lower cost. In every case, it is simply less costly to pay for a mediated settlement than it is to pay for a litigated result. Never have I seen a case where litigation was less expensive than mediation.

Let’s take for example one set of “facts” and cost compare:

A couple who have been married for eighteen years, two minor children, the marital home, two vehicles, retirement accounts for husband and wife, a significant inheritance coming from the wife’s side, one boat, and a small plot of lakefront property out of state.

Presume that the parties are amenable to a fair and reasonable settlement in a timely fashion.

If the parties choose to litigate the matter, they are likely to spend between $25,000.00 and $30,000.00. That figures two lawyers each working for between 30 and 40 hours on the matter and coming to a negotiated settlement well before a trial. Keep in mind that the lawyers’ billable time included the hours sitting in the hallway of the courthouse waiting for the case to be called. In the event that the parties cannot come to a settlement, that $25,000.00 to $30,000.00, pre-trial estimate increases. Exponentially.

If instead, the parties were to choose to mediate the matter, they are likely to spend between $3,500.00 and $5,500.00. If you decide to work with Holistic Mediation, you’ll get the benefit of working through your objectives and goals in six and ten sessions, and all of the costs to draft the requisite paperwork for the court will cost far less than litigating.

When it comes to cost, a mediated agreement is better than a litigated result 100% of the time. And I believe at Holistic Mediation that you should keep as much of your own money as possible 100% of the time.

Please contact me to see if mediation is worthwhile for you: Jenna Brownson, Esq. at 978.760.0482.

Many people find themselves in mediation for one of two reasons.

1. They don’t want to litigate; or
2. They believe their circumstances warrant a not-so-run-of-the-mill approach

I do not have a crystal ball in the middle of the mediation room. It is plain and simple: l cannot predict what will happen once my divorcing clients leave the room to head to court. I can make generalizations about how judges tend to come to their findings. These generalizations are informed by what have traditionally been the decisions made in run-of-the-mill cases.

While Holistic Mediation will honor either of these objectives (or a blend of the two), I can’t assure you–with 100% confidence–that your agreement will be accepted by the judge. So long as it meets the standard of “fair and reasonable given the circumstances,” your agreement ought to be accepted.

Let me caution anyone who is being told, “I promise your agreement will be accepted. Guaranteed.”

That sort of statement implies knowledge of events that have not yet occurred. I believe making those sorts of “I’m 100% confident that the judge will sign off on this” is not only not responsible, it’s also not possible.

If you have come to a point in your search for a way to civilly come to an end of your marriage, I suggest trying mediation for all of its challenges and empowerment. The process is tried and true, even without any dubious promises.

Contact Jenna Brownson, Esq. at 978.760.0482 to learn more.