"Mediation" is a process by which a non-judicial neutral mediator facilitates communication between parties to assist the parties in reaching voluntary decisions related to their dispute.
Divorce and custody disputes are often known for conflict and adversarial conversations—two spouses, backed by their aggressive lawyers, will fight it out over every last asset. Often times in a farming community, the assets divided in a divorce proceeding are necessary to keep the family business operating. While we strive to uphold the rights of our clients, we believe in a cooperative approach.
Mediation is one of the many methods we employ to provide strong, mutually-beneficial solutions to our clients facing family conflict. Mediation is a legal proceeding where a neutral third party helps two other parties facilitate an agreement. Whether the agreement provides for the terms of a divorce or child custody, Swenseth Law Office is prepared to provide mediation services. Unlike a court proceeding, a mediator does not pass judgment or make a decision in any way. Their purpose is to help both sides come to an agreement that is best for everyone.
How Mediation Can Help with Your Divorce
Good mediation is the result of two voluntary parties—however, mediation is sometimes prescribed by the court. A mediator is legally required to take no side because the purpose of mediation is negotiation, not “winning.” The advantage of mediation is that it avoids the uncertainty of court decisions. Clients who cannot find a solution in mediation have the freedom to pursue other solutions—in contrast, once a court passes judgment, both parties must abide by the decision for better or worse.
At its core, mediation is constructive and cooperative. It is about rebuilding something better out of the marriage, rather than destroying and dividing the pieces. It can be a more pleasant experience, empowering two reasonable parties to reach an agreement that requires no judge to impose a court order. Good mediators ensure that the process is fair and unencumbered by adversarial posturing or aggression from either side.
Creative Solutions to Complex Problems
At our firm, we genuinely believe in the power of mediation. A mediator can help you find the best solution possible, without fear of unfairness or imbalance. Our mediators genuinely seek the best results for both parties. Our passion for cooperation that preserves mental and emotional well-being expresses itself through our work.