Melissa Wheeler Farag’s Post

Did you know mediation isn’t all or nothing? Mediation can work in just about every case, even if you know there are some issues where you and the other party cannot see eye-to-eye. In mediation, we can help you settle only some or all of the issues in your case. If, after multiple sessions in mediation you can’t agree on one or more issues, you can take just those outstanding issues to the Court for a determination. For everything else, we can help you draft a settlement agreement on only what you can agree on. It’s not “all or nothing.” Using mediation for just some of your outstanding issues can help you save a lot of time and money. The savings could mean thousands of dollars less spent on attorneys and months of waiting avoided. Less litigation also helps keep the peace and enables families to maintain their focus on the children. By keeping one foot in the mediation room, it’s easier to avoid scorched-earth litigation. Mediation helps us communicate better and empathize with the other party, when it is far easier to dehumanize the other side in litigation. Even partially mediating a case is an intentional decision that will positively impact your case, your kids, and your ongoing relationship with the other side. Have questions about whether mediation is right for your case? Go to our website to set a free Discovery Call with Melissa: https://lnkd.in/g-9-qwPq

Mediation vs. Litigation   Mediation: Objective: Working towards a resolution. Nature: Focus on resolving issues rather than winning or losing. Efficiency: Saves time and money. Control: Clients stay in control and are actively involved in the process. Approach: Tailored to the specific situation, treating each case as unique. Litigation: Objective: Often about winning and losing. Nature: Involves lengthy processes and can lead to unnecessary, exorbitant costs. Efficiency: Involves lengthy processes and can be expensive. Control: Clients may feel they lose control and get lost in the legal proceedings. Approach: Can be based on stereotypes or standardized procedures. Contact us to schedule a free 30-minute consultation with a family mediation expert for more information. www.maesconsulting.ca

What does “winning” mean in the world of litigation? Hard to define, isn’t it? Is it getting summary judgment? Obtaining that coveted jury verdict? Let’s say you get your hands on that shiny judgment. What if the process was so long, expensive, and stressful for your clients that it took years off their lives and left them feeling like they “lost?” This is a conversation I’ve been having with my colleagues for years and I’d venture to guess that some of the lawyers reading this post can relate. It’s a conversation I would think about when I went to mediation. As a litigator, I always looked forward to mediation. My favorite mediators were the ones who helped my clients appreciate the benefits of winning their own personal “long game” (as opposed to merely focusing on winning the legal battle), whether that be through rebuilding trust and communication with the other party, gaining the peace and satisfaction that comes through collaboration, mitigating risk, or saving the time, money, and heartache that comes with continued litigation. In case you’re wondering where I’m going with this… yes, I’ve become a mediator. More specifically, I am now a Florida Supreme Court Certified Circuit Civil Mediator providing services through my new company, Billings Mediation, LLC. Although the business is still in its early stages, I have an ambitious goal: to become the type of mediator that I always admired. Many thanks to my family, friends, mentors, colleagues, and all those who encouraged me to follow my heart and pursue a field that fuels me with passion and purpose. There is a long road ahead, but I couldn’t be more excited. Have any thoughts on mediation and what makes a mediator great? Please feel free to drop a comment or direct message. Would love to hear it. 

Say FairWell to long, drawn-out litigation and costly disputes. Mediation offers parties reasonable and sound solutions that can lead to better outcomes and far less conflict than traditional legal processes. And unlike other mediations, FairWell also provides you with completed court documents at the conclusion of the mediation process. How it works: FREE CONSULTAION To begin, you, by yourself or together with your spouse, speak with one of our Consultants to determine the best option suitable for your family as to what matters most. PRE-MEDIATION PREPARATION You and your spouse will work with our team to gather needed information, identify and discuss areas of disagreement, and plan the mediation session. MEDIATION Next, you and your spouse will participate in mediation with a neutral FairWell Guide. Upon reaching an agreement, we help generate the necessary court documents, as well as electronically file them with the court for you. FRESH START Finally, you and your spouse come out stronger with a fresh start knowing you made practical decisions through a process focused on fairness and serving you well. With FairWell Mediation, you’re not locked into a predetermined path. If your spouse won’t agree, you can pivot easily to attorney representation by Johnson/Turner Legal or DIYvorce. Your satisfaction and achieving the best possible outcome for you are our top priorities.

Choose Between Litigation and MediationIn our social interactions, conflicts are inevitable, whether with family, colleagues, or even strangers. While litigation might appear as the first solution to disputes, it can often exacerbate the issue rather than resolve it. As situations escalate, the missed opportunities for an earlier, simpler resolution become apparent, highlighting the wasted time, money, and energy.I propose mediation as a peaceful alternative for dispute resolution. Mediation involves a structured, confidential negotiation led by a neutral third party, the mediator, who helps all parties reach a satisfactory agreement. This process allows for creative solutions that are legally sound and enforceable, crafted with the input of all involved.Mediation becomes particularly valuable when direct confrontation is difficult or litigation is imminent or underway. It aims to resolve disputes amicably, avoiding the blame game and ensuring outcomes that all parties can agree on, unlike the often unsatisfactory, lengthy, and expensive litigation process.The choice between litigation and mediation is yours to make.As a certified mediator, I am available for any inquiries or assistance you might need.

📣 Hey there! Got a dispute that needs resolving? Tired of the hassle and expense of going to court? We've got you covered with our top-notch mediation services! 🤝 🔍 Mediation offers a bunch of awesome benefits over traditional litigation processes. Check it out: 1️⃣ Say goodbye to stress! No need to worry about being stuck with an outcome you don't like. In mediation, you have the power to craft an agreement that works for you. 💪 2️⃣ Forget the drama! Mediation is all about working together, not against each other. Say goodbye to acrimonious court battles and hello to finding common ground. 🤝 3️⃣ Better results, your way! Unlike cookie-cutter court decisions, mediation allows for flexibility. You get to shape the agreement to fit your unique situation. 📜 4️⃣ Save your hard-earned cash! Mediation is not only faster but also more cost-effective than going to court. Say hello to a resolution that won't break the bank. 💰 5️⃣ Need a speedy resolution for a complex dispute? Mediation can help cut through the complexity and get you to a resolution faster than you'd expect. 🏃♂️ 6️⃣ Bye-bye court fees! With mediation, you can save on costly legal expenses. Keep your wallet happy and your stress levels low. 💼 7️⃣ Privacy matters! In mediation, confidentiality is key. Rest assured that your discussions and agreements will remain confidential. 🤫 Ready to give mediation a shot? Call us at (952) 442-7722 for a consultation or shoot us an email at mbeaulier@mhslaw.com. Let's resolve your dispute the smart way! 🌟 #MediationServices #DisputeResolution #SmartSolutions #NoMoreCourtDrama

Mediation is different from litigation in that it is a cooperative process where the parties work out their own resolution rather than have a judge or jury tell them the outcome. Mediation is less of an adversarial process than litigation. As a result, solutions are often reached quickly and at a smaller cost to the parties. You don't need an attorney at a mediation, but you certainly can involve one. Our trained mediators can assist the parties to sit down and productively discuss the issues and to address the needs and "wants" of all parties. The parties stay in control and if an agreement cannot be reached, then litigation is still an option. Most cases can be resolved by mediation. Let us know whether we can help you. Shannon Howard-Eldridge, mediator, 985-292-2000 Craig J. Robichaux, mediator, 985-624-5010

ATTENTION: ONTARIO LITIGATION LAWYERS Is it of interest to litigation lawyers practicing in Ontario to change their approach and start calling themselves Dispute Resolution Practitioners? By calling themselves litigation lawyers, they suggest that there is only one approach to dispute resolution, which is associated with escalating costs and protracted time frames that may not result in the desired outcome. However, there are other dispute resolution processes that are inherently less costly and time-consuming than going to court. Are we doing enough to educate clients that there are alternative methods that allow clients to control the outcome instead of leaving it to chance before a judge? Should litigation lawyers pledge to avoid litigation per se and use other methods of dispute resolution in appropriate cases? What about creating a community of litigation lawyers who sign on to this type of approach and coach clients on the benefits of using alternative methods of dispute resolution? What about creating a cadre of litigation lawyers who are trained in collaborative practices, akin to those who practice collaborative family law? We know that these processes are less costly and inherently more effective than traditional litigation. It's time for litigation lawyers to consider a change in their approach and embrace alternative dispute resolution methods. If anyone is interested in exploring and ultimately implementing such an approach, please let me know, and we can form an interest group to that end. 

From complex projects to seamless collaborations, a written contract is key. Mediation offers a powerful alternative to litigation. Learn how mediation can help resolve construction contract disputes: https://lnkd.in/dZbHh3A8

Successful Mediation Considerations Preparing for Mediation is crucial for all parties involved in a dispute. Attorneys and self-represented parties should craft a concise opening statement, focusing on summarizing the issues without resorting to personal attacks. Before the mediation session, attorneys and clients should carefully assess their case's strengths and weaknesses, litigation risks, and settlement benefits. It's often helpful for disputing parties, with the assistance of the mediator, to speak directly with one another during the mediation. This is true even if previous interactions were strained. You will have the opportunity to do so, if you wish. The mediation process offers an opportunity to avoid prolonged, costly litigation with uncertain outcomes. Punctuality, and proper planning to avoid unreasonable time constraints and an uninterrupted process is important. Keeping an open mind is vital throughout. As a Florida Supreme Court Certified Circuit Civil Mediator, my role is to facilitate communication, identify issues, and explore resolution options. Communications during mediation is strictly confidential, except when the law mandates or the parties agree otherwise. Book your mediation with me today or contact me to discuss how I may help you resolve your dispute through the mediation process.