COMPARISON BETWEEN THE TRADITIONAL LITIGATION PROCESS AND THE MEDIATION PROCESS
TRADITIONAL LITIGATION PROCESS
Attorney Centered process and outcomes
Legal positions and arguments from Attorneys, with court based decisions
A Zero sum game; if one party gets more the other party gets less.
Vocational expert used to determine earning capacity or to impute income.
Equal distribution of assets and debts based on present values and statutory criteria for dividing property.
Dueling accountants or other experts to determine value of assets and income with trial costs and fees.
Debates over custody and placement.
Court ordered mediation and if necessary the appointment of a Guardian ad Litem.
Use of the child support formula based on the % of placement.
Use of Civil Discovery Court procedures to obtain information and documents.
Litigation strategies, high/low bargaining; use of court procedures to pressure and influence settlement.
What is the court likely to do?
MEDIATION PROCESS
Party-Centered process and outcomes
Neutral discussion of individual and family concerns with input from relevant experts – if necessary.
Search for creative solutions to the problem and try to find a win-win solution.
Counselor to help plan a career path and support employment search.
Consider options and future impact to help both parties plan future.
Neutral financial expert hired jointly to provide ranges and input to both parties about valuation, income, and allocation options.
Help parents create a parenting plan that focuses on the child’s needs.
Create support and expense agreements that meet child’s needs.
Voluntary commitment to openly exchange information/documents necessary to the process.
Cooperative strategies to seek common ground to create win-win solutions.
What is a fair and reasonable settlement?