Sunday, March 21, 2010

Privatley Mediate

An option to avoid the scrutiny that a Divorce for instance between Sandra Bullock and Jesse James would cause is Private Mediation. It can work for them it could work for you. Terry Bankert is a Flint Divorce Lawyer is also a certified, practicing Family Court Mediator.

Consider privately Mediating instead of Publicly Litigating.
High asset divorces are easy to settle. Just ask the King of All Media, Howard Stern.[1]
There are not many people in the world with the kind of money and fame that Howard Stern enjoys and yet when he and his wife divorced, they used divorce mediation. He is not just the King of All Media, he is the king of peaceful and fair divorce. There must have been a chorus of voices urging him to hire the most aggressive divorce lawyer in town so that he could protect his assets and yet he knew the best way to keep the most money was to avoid divorce lawyers. He and his wife Allison had a discrete, fast and fair divorce because they chose not to make it a media circus by engaging in divorce mediation rather than litigation. [1]
TRY MEDIATION, IF HOWARD STERN CAN DO IT YOU CAN TOO.
The mediation usually begins with a joint session in which each party is encouraged to present a brief statement of its case and reasons for its position. Clients are encouraged to talk and to vent their concerns. Brainstorming of solutions and suggestions for resolution are often exchanged. It is not intended to be a confrontational or argumentative session. It is an opportunity for the parties and counsel to address each other to hear their respective positions. The mediator’s role is to facilitate this discussion, to ask thought-provoking and clarifying questions, and to aid the parties in narrowing the issues in the dispute. There may also be a joint discussion and review of all of the possible settlement options.ing strengths and weaknesses and risks and rewards of avoiding, commencing and/or remaining in the litigation process.
There is usually a narrowing of issues during these private sessions. It is also the time when many new issues rise to the surface. Underlying concerns or issues not previously revealed in the joint session are identified and evaluated. The mediator may shuttle from party to party, discussing issues and engaging in reality testing of a party’s particular positions. Generally, discussions center on potential weaknesses of a particular legal argument, the costs of litigation, the potential negative publicity, the emotional value of closure if settlement is reached, and the best and worst alternatives to a negotiated settlement.
Whether through use of joint session or caucus, settlement offers are usually exchanged in a series of offers and counteroffers in an effort to reach full and final resolution. Sometimes they are exchanged in joint sessions; in other cases, the mediator works with each party and counsel on the offer and counteroffers in a series of separate caucuses. Offers can be drafted and composed by a party with or without the suggestion or input of the mediator. The whole point of the exercise is to assist each party in stepping back, reevaluating positions, and exploring the benefits and risks of settlement.
Mediation is useful where confidentiality of result and process is important. It is particularly helpful when an ongoing relationship between parties is worth preserving (e.g., in family,)It provides a risk-free forum for risk-averse parties and eliminates the uncertainties of a court-controlled outcome. It is useful in highly emotional cases in which parties need to express emotions or when communications have broken down.

Posted Here by
Terry Bankert
www.attorneybankert.com



[1]
http://www.huffingtonpost.com/belinda-etezad-rachman/why-sandra-bullock-and-je_b_506730.html