Family Mediation

What is Mediation?

Mediation is defined as an intervention between conflicting parties to promote reconciliation, settlement or compromise. Mediation is a form of ADR (alternative dispute resolution).
With respect to family law, at Shah and Kishore mediation is done by an unbiased, neutral, third party lawyer who represents the interests of both parties. The mediator is a trained professional who will help both parties agree to terms that are beneficial for all involved.
The goal of a mediator is to effectively identify any issues or disputes that can be solved during a mediation session, open the pathway of communication up for both parties to ensure productivity, present practical working solutions and instill a spirit of cooperation that will lend way to an agreement created not by the mediator, but by the parties themselves.

Who is the mediator at Shah and Kishore?

Our main partner Mr. Rahul Kishore is a trained mediator, he has a law degree and he has been practicing Family Law for 15 years. He has been trained in collaborative law too. He has an MBA (Masters of Business Administration) which allows him to analyze all types of financial issues that tie in with family law issues.

Why Mediation?

While mediation is not for everyone, it provides a good alternative to expensive litigation fees in a process that usually only has one winner. In mediation both parties can leave winners.
Mediation helps to preserve family relationships but allowing both sides an opportunity to effectively communicate their goals and terms of engagements. It opens the door for compromise, a tool necessary in protecting families, especially those with children. Parties are less likely to leave bitter and the chance of issues being revisited or changed at a later date decrease.
Furthermore, mediation is less about the courts and more about the clients as individuals. Terms and agreements can be drafted out by the clients themselves and fashioned in a way that makes sense and is agreeable to them without the hassle of the legal court system.

Who should consider going through Mediation?

Mediation works best for couples who are considering separating or getting a divorce, parents who are determining custody and visitation rights for their children, couples who plan to go through a reconciliation post – divorce and/or couples who are preparing to enter into a marriage and foresee issues.

What does the mediation process look like?

Both parties will agree to a date and time to hold their mediation appointment.
The mediator will introduce himself and then set up ground rules and general information about the proceedings for the session. These rules will help ensure that the line of communication is uninterrupted between both parties. It will also help ensure that in the interest of preserving friendly relations and relationships, feelings do not become hurt or offended.
After ground rules are set up, the mediator gives both parties the chance to explain the problem and share their story. This gives each party the chance to talk without fear of being interrupted or condemned. This is also a chance for each party to share their emotional feelings on the matter and not just a restatement of the facts behind their issues.
After both parties have had the opportunity to share the mediator will ask questions to both parties regarding the issues and their statements. These open-ended questions will continue to help both sides learn about the emotional feelings the other party may be feeling with regards to the issue. It will also foster understanding between the two parties and make reaching an agreement smoother and easier for all.
In trying to reach an agreement, the mediator will meet with both parties together or he might have to meet with the parties individuallyat times to help negotiating and cooperation.
He will try to draft up an agreement that is amicable to both parties and includes resolutions to all of the issues discussed in the sessions.
It is a good idea for both parties to have the agreement looked over by an attorney before agreeing to it.

Who Pays for Mediation?

In the spirit of cooperation and communication, the parties themselves will determine how best to split the mediation costs. Both parties utilize one mediator and therefore must find a fair and beneficial way to split the costs of this service.

What if we don’t reach an agreement?

Mediation isn’t for everyone. Should you not be able to work out your dispute through mediation Shah and Kishore will refer you to trained attorneys in family law who will offer you legal advice for whatever pathway you choose in the court system.
Litigation, though more expensive, provides resolutions to disputes that cannot be solved through combined efforts and shared communication. Litigation can solve matters of divorce, separation, alimony, child custody, child visitation and child support.

Mediator

Shah and Kishore

(301)-315-0001

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http://www.maryland-lawoffice.com