Finding Solutions with an Experienced Mediator
There is no getting around it. Divorce is a sad and often painful and angry time. Using methods of Alternative Dispute Resolution, the couple begins the process of moving on, getting through the divorce, transitioning to life after divorce.
Although the marriage itself may be ending, Mediation is a process that builds on the capacity of the spouses to continue to work things out together. At a time when that ability might be severely challenged, an experienced Mediator can bring out the ability of each spouse to come to the table and fully participate.
Mediation works best when each spouse can hear and appreciate the other spouse’s point of view and goals. The experienced Mediator facilitates discussions to help each spouse find the common ground and work out solutions that are fair; discussions than can help each spouse approach those goals. Mediation can help the couple put the anguish of the past behind them while focusing on future opportunities.
With more than 40 years’ experience as a lawyer, Neil Cahn knows the issues that must be resolved in any divorce. He can present the range of results that face the divorcing couple if litigation becomes necessary and decisions must be made by a judge. When each is aware of the range of results, the spouses can more comfortably express themselves and consider each other’s statements.
Neil Cahn is also well aware of the damage that can be done to the spouses and their children if efforts break down to work out issues amicably.
Mediators do not make the decisions. Agreements are reached by the parties. As Mediator, Neil Cahn can help both spouses determine their goals and interests and then communicate them to each other. Neil Cahn’s knowledge and experience can help the couple consider a broader range of solutions that might otherwise be considered. Additionally, Mr. Cahn can present a variety of post-divorce scenarios and projections that will help the couple reach solutions that plan for their future separate lives while continuing to co-parent.
With this process, the couple can save significant time, money and angst.
The divorce Mediator is a neutral who generally works with the couple alone. Neil Cahn’s ability to discuss financial and parenting matters and help the couple explore their options allows each spouse to be confident that a fair and complete agreement has been reached.
Like Collaborative Divorce, Mediation has many advantages. For many, the major advantage is the reduction in stress and animosity. There is no loser. The Mediator provides a safe environment for the spouses to express themselves. No one is trying to make the other party feel bad or look bad.
Another advantage is that all the proceedings are conducted in private. Documents are not shared with outsiders. What happens at the Mediation table, stays at the Mediation table.
Mediating a resolution generally provides a much quicker outcome than litigation, even if multiple mediation sessions are required. This keeps costs down considerably.
The Mediator does not provide legal advice to either spouse. Instead, each spouse is strongly advised to obtain individual, independent legal advice from separate counsel, before the mediation sessions begin and to review any agreement that is reached. Such independent counsel is focused on protecting the interests of their own client.
With each spouse receiving independent legal advice before the mediation begins, the Mediation can proceed far more efficiently, in fact saving time and money. They may also be consulted by a party if new or challenging questions arise during the Mediation and a party needs to hear from a personal advocate.
If not serving as the Mediator, Neil Cahn advises one spouse, as needed, as he or she goes through the Mediation process.
We invite you to contact the Law office of Neil Cahn, PLLC to learn more about how we could help you find the right solutions through mediation.