7 Trends You May Have Missed About what is mediation

1. Early neutral evaluation, like mediation, is focused on resolving divorce issues outside of court. Early neutral evaluation (ENE) is getting a lot of attention lately because it has been very successful in helping couples settle their divorce or separation cases early in the process, even if the conflict between them is high. ™ What is ENE? ENE is a dispute-resolution process that is designed to help couples settle their divorce or separation early in the process, allowing parties to avoid the ongoing expense and pressure of litigation. During ENE, a couple can each share their side of the story and their feelings and frustrations. Then, they receive an expert assessment of their case, allowing them to make informed decisions about settlement. How does ENE work? A two-person ENE team usually consists of mental health professionals and/or lawyers, with specific expertise in working with divorcing and separating families. They listen to the issues that are causing the highest conflict between you, then offer feedback and suggestions for settlement based on your unique family situation. At that point, they move into a more traditional mediation role. In your first meeting with the ENE team, each of you will provide information about your family, your break-up, your children, specific concerns and your desired outcome. If financial issues are involved, you will present those as well. The ENE team may ask to hear everything at once, or may deal with the parenting issues and the financial issues separately. You will each have about 25 minutes to present your information. After you have both presented your initial information, you will each have another 10 minutes or so to respond to things the other person brought up. Part of the value of ENE is that during these presentations, each of you is talking directly to the ENE team instead of arguing with each other. After both of you have talked about what's important to you, the ENE team will ask questions to help clarify information and positions, and will identify any areas where you are already in agreement. After they've heard your information, the ENE team meets privately to evaluate the case and consider settlement suggestions for the parties. They may come back with a request for more information, or they may be ready to give their recommendations right away. The joint meeting will then resume and the team will present its evaluative impressions and provide settlement options, including suggestions regarding decision-making and parenting time. The team might also suggest other services that would be helpful to the family such as counseling, parenting classes, drug or alcohol education or treatment, or communication classes. After the ENE team has offered its feedback and settlement suggestions, there will be a break to give you time to think about the suggestions and discuss them with your attorney(s), if any. At this point the team will then move into a mediation role to help you work out the details of an agreement. How does ENE differ from mediation? Both mediation and early neutral evaluation help you settle your divorce early in the process. In mediation, the mediator helps you clarify the issues, maintain clear communication, achieve balance between you, and manage

2. the process in a way that allows you to move forward. Your ENE team, on the other hand, will first give you very direct and specific recommendations and make suggestions for your settlement details, before moving into that mediation process. The goal of both mediation and early neutral evaluation is to help you reach early settlement of your divorce or separation that satisfy both of you and benefit your children. The divorce process is often fraught with volatile emotions and intense stress. The most skilled family law and divorce attorneys are those that encourage divorce mediation to their attorney near me clients wherever possible. In fact, mediation is a compulsory first step in the divorce process in a growing number of states. With complicated divorce cases that involve child custody and significant asset distribution challenges, even those parties who initially sought to engage in an amicable divorce may find themselves caught up in bitter disputes. Divorce mediation is an excellent alternative to traditional divorce litigation that can save significant sums of money, while helping divorcing couples to reach a divorce agreement that empowers them in a less adversarial process by working through issues with a neutral third-party. Trained in helping those seeking a divorce to reach agreements, a divorce mediator focuses on solutions over one or more meetings to discuss each point of contention. Since the mediator cannot offer legal advice, divorce lawyers or family law attorneys are generally present during mediation sessions and may consult privately with clients to offer advice to her or him during the mediation process. Trained mediators help to keep discussions on track and are experts at calling for breaks and engaging in reality checks when tensions rise. Building on success, professional mediators can help couples find resolutions to smaller disagreements initially to help them gain trust in the process and see the benefits of the mediation process. From simple, uncontested divorces to those involving significant issues such as asset valuation and property distribution, alimony, child custody and parenting matters including child support and maintenance, retirement and other potential issues, marriage or long-term relationship termination is often much smoother using mediation rather than going to trial to resolve a divorce. The mediation process can decrease misunderstandings and help to set the tone for a process that is solution-focused and based on mutual compromise. Flexible and confidential, divorce mediation offers a setting that emphasizes open, healthy communication. Particularly for parents, mediation can dramatically help to deal with the emotional realities that come with determining and communicating parental roles and responsibilities during the divorce process and well into the future, while keeping the needs of children at the forefront. Divorce mediation works best if both parties come ready to negotiate, pursue equitable agreements, and are willing to empathize with one another's position. If there is a high degree of conflict and anger or one or both parties are unwilling to approach their divorce with a spirit of give and take, divorce mediation is not likely a viable alternative and litigation including a trial will ensue. Litigation can result in higher levels of spite and frustration, deepening miscommunication that is so important to avoid, particularly when there are children involved. It is

3. important to note that when spousal abuse is an issue, mediation is not a viable option. Experienced child custody and divorce attorneys practicing family law will likely suggest divorce mediation to clients to shorten the divorce process, facilitate ongoing communication that is so vital to the co-parenting process, save clients money, and reduce the amount of animosity that results from divorce.