Avoid Litigation Through Mediation

At Ellis Family Law, P.L.L.C., we don't tell you what you want to hear; we tell you what you need to hear. There is a difference between moral justice and legal justice; clients need to hear that the court system cannot provide moral justice.

Ellis Family Law has not only made its reputation through honed litigation skills, but also through strategic settlement negotiations. Ellis Family LawThrough their experiences, the Ellis Family Law team knows how to best advise their clients on how, when and under what terms to settle their matters to maximize their success. Simply put, there are times when litigation can do more harm than good. Having a good litigator who can help you make that decision is key when considering resolution of your matters through an alternative approach.

Why Alternative Dispute Resolution Makes Sense

Litigation is not necessary to resolve all disputes, and can sometimes be avoided if the parties attempt to resolve their conflicts through alternative dispute resolution (ADR) methods such as mediation or arbitration. These services enable a couple to resolve issues arising from their relationship in a more humane, and often less-expensive, manner.

All issues arising from your divorce can be addressed through ADR except for the entry of an absolute divorce judgment. Through ADR, matters that typically are litigated with high emotion and costs (i.e., custody, support and property division), are resolved well before the divorce judgment is entered, so that the divorce action becomes a "friendly lawsuit." Mediation can, and often does, occur prior to the parties' actual separation date, so everyone is as prepared as possible emotionally and financially for the next chapter in their lives. It is frequently the best way to facilitate a separation with as much information about what to expect as possible.

Understanding Mediation

Mediation is a private discussion between the parties, which is facilitated by a trained mediator, in an effort to help the parties reach consensus on how to resolve their disputes. When the parties have the control over when and how they resolve their issues, the parties are often able to maintain a working relationship with each other in the future. This is very important when the parties have minor children together.

Mediation is often most successful when both parties are vested in reaching a resolution outside of court. The team at Ellis Family Law, P.L.L.C., is experienced and knowledgeable in private mediation, both as advocates for a party and as serving as the neutral mediator. We also serve clients who choose the arbitration process or a blend of the two.

It is not always necessary to have independent counsel to represent each party in a mediation session. However, a mediator cannot give specific legal advice to the parties involved. When we serve as a mediator for unrepresented parties, our staff can walk you through the process so you are prepared to make decisions to resolve your disputes that day. Our mediator will draft the proposed agreement reached, and each party is free to take the draft to counsel of his or her choosing to ensure their rights are protected before signing. This keeps the parties' costs down as the mediator fees are typically split between the parties, and everyone — the parties and mediator — have a vested interest in the matter reaching resolution.

Did You Know?

  • You and your spouse can choose to participate in mediation or arbitration without hiring separate counsel. This keeps costs down and usually leads to a less adversarial divorce.
  • Mediation can result in a better result than you may receive in court since the parties know what works best for each of them, and the court is often bound by archaic rules of law that do not apply to today's modern lifestyle.

We Can Help You Determine If Mediation Is A Viable Option

The professionals at Ellis Family Law are skilled and knowledgeable mediators. We are ready to help you resolve your family disputes. Call 866-771-6159 or use our online contact form to schedule a meeting.

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