The Value of Mediation

Too often, families are caught in the legal system, spending substantial time and energy, as well as borrowed money, fighting battles that destroy already frazzled relationships. Family law issues deal with the most sensitive matters, children, money, homes, debts, and heartstrings. The rigors of court cause unnecessary damage to torn families, who are fighting a legal war with no victors, and little control over the outcome.

When people begin the court process, they often believe that the court will see through the façade of their partner, have an innate sense of the what is best for their family, and help them resolve their issues in a short timeframe. However, what they soon learn is that the legal process costs thousands of dollars and takes months of waiting for a spot on an overcrowded court docket, just to stand before the judge while strangers argue over what is best for their children and how to divide their assets. The legal process is, to say the least, frustrating, in large part because litigants never get the opportunity to fully tell their side of the story.Many times children of separation

What is Mediation? Fortunately, there is a better way. Mediation offers a quick and simple alternative for parties to be involved in the resolution process and personally craft a win-win solution to their issues. Compared to arguing over the family’s fate in court, mediation is less expensive, less stressful, less time-consuming, confidential, and customized to fit the needs of the individual involved. Perhaps the greatest advantage to mediation is that it allows the parties to maintain relationships without the adversarial relationship fostered by the legal system. It’s a win-win situation for everyone, without the time, money, and frustration of the courts.

In mediation, the parties meet with the neutral third party mediator to discuss their concerns and issues. Working through both joint and individual meetings (caucus), the mediator helps the parties to find common ground in their dispute. It is, in a literal sense, the waiving of the white flag.

How Long Does Mediation Take? Mediation usually lasts only a few weeks and rarely exceeds more than a month. The mediator serves as a “neutral,”, assisting the parties to reach a mutual agreement which they create. Ultimately the final decision lies with the parties. The mediator does not provide counseling services or legal advice to either party during consultation settings and the information disclosed during meetings remains confidential. Through the process of mediation, families are able to continue fostering their relationships and avoid the legal battles that can destroy the parties, deplete their assets, and attack their children’s foundation.

A crucial component of the mediation process is the mediator’s ability to facilitate the process so that parties are able to reach a mutually agreeable, and satisfying, solution. This process requires carefully balancing the needs of the parties, analyzing the legal and economic issues, and assessing the parties’ options for settlement. Few people realize what it takes to mediate, and even fewer succeed. Margaret Pickard, Esq. offers over 20 years of experience in mediation. Margaret is the developer and facilitator of the UNLV Cooperative Parenting Program, a weekly seminar for Family Court Litigants. Her legal background, coupled with her understanding of family system dynamics, has helped thousands of individuals leave the courtroom antics behind and move forward to develop happy, healthy relationships that foster positive outcomes for parties and their children.

Margaret Graduated magna cum laude from UCDavis, with a B.A. in Sociology, emphasizing in family system dynamics. She subsequently obtained her J.D. and is admitted to practice law in California, Montana, and Nevada. She serves as a lecturer at UNLV, UCDavis, Duke University, and BYU. In addition, she is regularly appointed as a Special Master/Parent Coordinator and Family Law Mediator for the Las Vegas Family Courts. Margaret maintains a private mediation practice with the Rocheleau Law Group, helping individuals and families find solutions in divorce and custody disputes.

Margaret Pickard’s decades of experience, combined with her specialties in high conflict resolution, child custody law, and asset distribution, all work towards providing her clients with a collective and satisfying agreement that they can aide by and live with.

Many times children of separation