Mediation is a negotiation in which the parties engage directly with each other, with the assistance and guidance of a neutral third party called a "Mediator." The role of the Mediator is to facilitate the dialogue between the parties. By clarifying the concerns of each of the parties and ensuring that each side is being heard, the Mediator can assist the parties in reaching agreement. A skilled Mediator can also provide ideas and options for resolution of the various concerns raised by the parties.
Since the Mediator does not represent either party, it is highly recommended that the parties each obtain independent legal counsel to advise them of their rights and obligations, both prior to, and throughout, the Mediation. The role of the lawyer in support of Mediation is to provide context as to the probable outcome of issues in court. More importantly, the lawyer for each party in Mediation should provide the client with ideas as to how to address issues that may have little, or nothing, to do with the probable outcome of these issues in litigation. The lawyer in support of Mediation is a problem solver, assisting the client in unlocking the creative power of Mediation, with which the parties can reach their own agreement. This agreement may take into consideration concerns which cannot be addressed by the court. Indeed, in Mediation, the parties have the opportunity to "make their own law" in finding solutions uniquely designed to meet the needs of their particular family.
Both partners at Skirbunt & Skirbunt, LLC are certified Mediators. The firm takes pride in the ability to successfully mediate matters that present difficult or challenging issues. The lawyers of Skirbunt & Skirbunt, LLC also function as counsel for individuals engaged in Mediation and provide these clients with creative ideas and solutions to problems that they can then take back to the Mediation.