Early Mediation Program

Vol-01

DECEMBER 2018

EARLY MEDIATION PROGRAM

PROGRAM Customizing the

Early Mediation Program Divorce

Customizing Mediation can be used to The Divorce help manage the divorce Process

Court‌. as needed.

Mediate or Litigate Stop Assess Create Options Evaluate

Early Mediation Program Developed by Matt Sossi, family law attorney and mediator.

A FACILITATIVE APPROACH TO MEDIATION

In San Antonio, we are used to going to mediation PRIOR to trial. We use mediation as a last ditch effort to negotiate our way through the issues of the day. In doing this mediation serves more as a settlement or negotiation conference.

There are different styles of mediation. Besides evaluative, there are facilitative and transformative styles of mediation.

Its important to understand the differences because different styles provides different opportunities to help your parents engage and work through the issues of the day.

Managing through Mediation Drafting immediate solutions Finding Resources

Facilitative mediation allows for parties and parents to work together with the mediator in a collaborative setting to work through the problems of the day.

Facilitative mediations allow for the parties to sit with the mediator, option build and problem solve. The parties look to the mediator to take charge of the meeting and provide needed direction. Parties can agree to mediate temporary orders, final orders or perhaps just a sticking issue.

More control, less instability.

Mediating the case PRIOR to temporary order has many advantages. One, it helps you work with both parties PRIOR to rushing into court to resolve the issues in dispute.

Understanding WHY the parties are in conflict may go a long way to HOW you need to resolve the conflict.

Pretrial Scheduling Cost Benefit Prior to Electing Litigation Determinig Approriate Neutrals and Roles (Example: mental health professionals)

Provides direction: The parties decide whether to continue to mediate OR elect litigation. Parents get to decide their fate.

Schedule an hour, a half day or full day.....

The benefits of the early mediation program is you schedule the amount of time that you need for the assistance requested.

Examples: Do the parents simply need to determine an appropriate parenting schedule for the next 90-120 days?

Do you need help determining the appropriate role of the mental health professional in a case?

Do you need to provide the parties options whether they should refinance or sell the marital residence?

Using a Team Based Approach.

Working as a team provides the best options to solve the issues of the day. Ultimately you may need to try certain matters in your case.

Financially, many parents can not afford the price of private judges.

Mediations that help filter through the issues of the day help identify those issues that need to be tried.

Attorneys are currently being contacted to serve as arbitrators to help resolve single line issues in dispute. Possession and access in dispute - there's an arbitrator for that!

Unlike collaborative divorces, parties entering the early mediation program can elect to go to court for emergencies and/or discovery disputes.

Once the parents enter the early mediation program they have one question. Do they continue to engage in the mediation process?

Each parent has to decide.

Do we continue to listen, understand and respond.

Is it time to move on in a different direction and prepare for litigation?

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Mental Health Directory:

There are times where the parties need help to work through their issues. Resolving these disputes may require the assistance of a mental health professional.

The Early Mediation program helps parties and attorneys to find the professional resources needed to solve the problems of the day.

Available Arbitrators: Sitting in family court can be an expensive proposition. Not everyone has the luxury of hiring a private judge for a full or half day.

There are certain situations where it is cost effective to have an arbitrator sit and resolve a family law dispute.

Arbitrators can be agreed to by the parties according to the terms of a mediated settlement agreement.

The Early Mediation program is in the process of listing arbitrators who will be on call to solve the problems of the day.