FAQS

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Denver, CO 80206
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Plans that work

Joan McWilliams, Esq.

FAQS

Mediation Can-Do's

Emphasize self determination
Produce voluntary agreements by the parties.
Contain rather than inflame the conflict.
Focus on the needs of children.
Generally cost less than litigation.
Foster a cooperative relationship between parents.
Resolve disputes more quickly than litigation.
Produce more "personalized" agreements.
Generally result in parents having more contract with their children.
Result in higher rates of parenting plan and child-support compliance.

Glossary of ADR Terms

Arbitration: is a form of alternative dispute resolution in which the parties hire a neutral third party (or parties) to hear testimony, take evidence, and issue a decision or award.

Collaborative Law: a form of alternative dispute resolution in which each party hires separate legal counsel who reject litigation as an option and are trained and committed to negotiating a settlement agreement.

Consulting counsel: is a lawyer hired by a party about to begin mediation. The lawyer’s role is to answer questions, address concerns, and provide the party with a solid understanding of the legal foundations.

Mediation: is a form of alternative dispute resolution in which the parties hire a trained, neutral, and impartial mediator to help them negotiate a mediation agreement.

Mediation agreement: is an agreement reached by the parties that forms the basis of a settlement agreement, and when accepted by the court, becomes a court order.

Legal advice: may only be provided by a lawyer. It is the translation of information and the law into a recommended course of action.

Legal information: may be provided by anyone who can read the law and report what it says.

Prenuptial agreement: (also called antenuptial agreement) –is a written agreement signed by both parties before a marriage to provide for advance decidsion-making for future contingencies and events. These agreements are generally entered into to protect the property or inheritance rights of one party or to protect one party from the liability of the other party’s debts.

Review counsel: is a lawyer hired by a mediation participant to advise the client about settlement options and review the final memorandum of understanding before the client signs it.

Settlement agreement: is an agreement that is reached by the parties to resolve financial and custody issues in dispute.