There are certain topics that are more commonly negotiated
during mediation then others, as these topics typically involve heightened emotional sensitivity.
Not exact matches
During peer
mediation, students who have undergone training in
mediation techniques listen to fellow students describe a disagreement and
then help the students to resolve the issue.
If an e-mail to one party
during the course of a
mediation process is considered a «private session»
then arguably this provision emphasizes the duty of the mediator to ensure that these kinds of issues are discussed and resolved well in advance.
But I am fortified in the knowledge that this will probably be explored in private
during the
mediation and if one party is labouring under a misapprehension about the strength of their case,
then surely it assists for that party to be disabused as early as possible?
If
during the
mediation or collaborative divorce one party can not agree
then an attorney can represent the interests of that party.
Unless the parties are both represented by their own attorneys
during the
mediation,
then the Mediator is the only one who can provide legal information.
When it is not possible to resolve these issues between the parties,
then they may be able to resolve them
during mediation, which is required to be held whether the parents believe they can come to an agreement or do not think it is possible.
Whilst each case is going to be different, from my experience it should be possible for all of the issues to be addressed properly within the
mediation process for somewhere between # 500 t0 # 1,500 per person, with
then just the court fees and some specific legal costs to add to this, giving a total cost of somewhere between # 1,000 and # 2,500 per person for the full process (but with there being additional costs involved if financial advisers or other experts are instructed
during the process).
Unlike a trial, where each party puts on their entire case and the judge
then issues a judgment after hearing all evidence,
mediation allows for a continual give and take, with both parties having the ability to accommodate each other's concerns
during the entire process.