“Med/Arb” (mediation followed by arbitration, if necessary) if necessary) is confidential process in which we help the parties to identify and discuss issues of mutual concern, explore various solutions and develop a settlement that is mutually acceptable to the parties. (See more on mediation above.) If the parties do not reach agreement after mediation, we then convert our service to that of an arbitrator, and we make a binding or non-binding decision after hearing arguments and considering evidence. (See more about arbitration below.)This process can occur with the parties alone or with the parties and their lawyers, present and participating. When counsel does not participate directly in mediation we strongly encourage the parties to have lawyers for consultation before we begin substantive work together and between sessions; then directly, for the arbitration phase, if that occurs. If the parties reach an agreement, we will either write a “memorandum of understanding” which is an outline of points to which the parties agree, or a formal agreement, which is the full embodiment of the parties’ settlement. If the parties wish, we will assist they or their lawyers in finalizing their agreement. If arbitration occurs, we will write an arbitration award, and if requested, an explanation for our decision. We will provide med/arb services on ultimate issues, interim or “temporary orders” or stipulations and discovery disputes: all in the context of divorce, custody or other family law disputes, probate law and other matters.
By contract, we will commit to hourly cost, confidentiality, pacing of sessions and to the process that the parties and their counsel wish to use.