What is M.E.T.? It is the acronym for M - Money, E - Emotion, and T- Time. The following information is intended to give you insight into the mediation process and how it can save you M.E.T.
Mediation is a process where persons involved in a dispute may use a neutral person to help them reach an agreement without the need for litigation. Many people prefer to reach an agreement and compromise rather than allow one or more strangers decide the outcome of their dispute in a court of law.
The mediator is a person who has no personal stake in the case. The parties meet at his/her office for a half day to a full day's worth of mediation in an effort to reach an agreement. The mediator is not there to judge or to advise. Instead, the mediator is there to encourage the parties to examine the weaknesses, strengths, and needs regarding their case. The parties may meet in joint sessions, individual sessions called caucuses, or both. During these sessions the mediator begins to help both parties make decisions towards settlement.
The mediator is not the judge, jury or decision maker. Nor is the mediator either person's lawyer. The parties may bring their lawyer or they may choose to come together without their attorney. Each party should consult with legal counsel to decide whether or not an attorney is necessary to protect and pursue their interests during mediation.
It is important to note, that the issues discussed between the parties are confidential. The Mediator cannot inform the court of anything said by the parties during mediation. If the mediator is a court appointed mediator, he or she is only required to report whether or not the parties have settled. The mediator may submit a written agreement, if any, with permission of the parties.
The parties may voluntarily agree to mediate. They may also agree as to which mediator they want to use. The courts have the authority to order the parties to mediate and order who they are to mediate with. Obviously, the parties should agree to choose a mutually acceptable mediator rather than rely on the court's decision.
Another question often asked is, "When mediation should take place?" The answer is when the persons in the dispute believe that they can reach an informed decision regarding settlement. Making an informed decision depends on whether or not the parties have information regarding property values, earnings and in the case of family matters, conduct, living arrangements, and parenting skills. The mediation process should be completed as soon as possible to avoid the chance of further conflict.
Mediation is effective in nearly every area of the law except criminal law. The Mediation process is an excellent method to settle family matters. Family law cases such as divorce and custody disputes that go to trial result in irreparable damage to the parties' abilities to communicate for the sake of their children after battling in court.
Now the real question is, "How can mediation save you M.E.T.?" The answer is by settlement of the issues by the parties through mediation before a trial on the merits.
Money can be saved since you can avoid the costs of trial preparation and trial. For instance, a contested family law matter can cost as little as $1,000.00 or in excess of $25,000.00 to $50,000.00. An agreement to settle a divorce with children can be mediated for as little as $750.00 for simple matters to $5,000.00 for more complex cases. Money can be saved by attending mediation and settling the issues before filing suit. The costs saved by this method is beyond compare to the costs of an extensive legal process.
Emotion can be saved by settling cases early through mediation. Parties may also save their emotions by having the opportunity to be active players in making decisions through mediation and by making a subsequent settlement agreement rather than chancing decisions made for them by strangers. Most importantly if a family law matter is involved, the emotional roller coaster ride is much shorter and less damaging for communication after the order is entered regarding ongoing needs of children of the marriage.
Time can be saved by the mediation process. An early agreement can save you days, weeks, and even months, of gathering old records which can include canceled checks, bank statements, and income tax returns. Time can also be saved by reaching an agreement early and that time saved can be used to go on with your life without the burden of pending litigation. Time can be saved by mediating your disputes before filing a lawsuit. While a petition and order may be necessary in some cases by law, such as a divorce decree, it is a lot easier to come with an agreed order rather than go to trial.
You can save M.E.T. by mediating. The process is required in many instances by the courts in this area. It allows you to make decisions regarding your case within the time frame that the parties choose, not the court system. It allows you to control the costs of the dispute. Additionally, and most importantly, the stress and emotion of your dispute can be minimized by avoiding a lengthy battle through the courts.