In nearly every case, the parties are best served if they can come to a mutual agreement and understanding, rather than leaving it up to our very fine jurists. They do wear black robes and they do try their very best, but they are strangers to you and will be making decisions that will affect the rest of your life.
One method employed by litigants is, instead of litigating, mediate. Mediation can be defined as “to bring about an agreement, accord, truce or peace between the parties by compromise, reconciliation and removal of misunderstandings.”
Although divorce mediation is appropriate for some couples, it is not right for everyone. Both parties have to be comfortable with the idea of mediation and in their own ability to stand their ground and make reasonable compromise when needed. It is not for couples with a history of physical, mental or emotional abuse.
Divorce is always complex and seldom “easy”, but when the parties are willing and able to openly discuss the issues of their divorce the path will be much easier. Mediation is an effective option for those willing to work together to resolve the various issues.
At the Law Offices of Matthew M. Kremer we offer thorough mediation services including the employment, when necessary, of professional experts in the areas of tax, valuation of property and businesses, estate planning and child custody.
In mediation, Mr. Kremer does not represent either party to the divorce; he is a neutral and interested in the welfare of both parties to bring about an agreement through compromise and removal of misunderstandings. Everything that transpires in mediation is, and will remain, confidential. If the mediation fails to result in a formal agreement, Mr. Kremer will not represent either party in their divorce or dispute and will assert the confidentiality if called upon to testify or bear witness.
If the mediation is successful, as is often the case with Mr. Kremer’s guidance, the Law Offices of Matthew M. Kremer will prepare all documents necessary for the court to finalize the proceedings.
During mediation, each party is provided information and guidance as to what the law is and how the law applies to the specific facts of their case. Both parties are afforded an opportunity to voice their concerns, their wants and dislikes, their hopes and their fears. We will work with the parties to accomplish a compromise that is fair to both parties while remaining reasonably close to what Mr. Kremer believes and opines would happen if an issue were litigated in court.
Mediation offers the parties an option to realize significant monetary savings as well as eliminate significant emotional distress that can, and often will, be incurred in active litigation.
Matthew M. Kremer has also been retained by a party who is in mediation with another mediating attorney. His advice, directly and indirectly, affords his clients the security of knowing that the agreement they eventually reach is close to what would have occurred after litigation and trial.
If in or if contemplating divorce, consider the services of Matthew M. Kremer in the context of mediation. It is not for everyone, but when it works it is a satisfying experience.