Nina Raff, LCSW

Alternative Dispute Resolution

Mediation

Mediation is a method of resolving conflict with the help of a neutral third party without going to court.  In court, a judge decides the outcome of the dispute.  In mediation, the parties with the conflict come to their own solutions.  This is why it is called "alternative" dispute resolution. It is an alternative to litigation in court.

Mediation is used to come to agreements on many different types of disputes from neighborhood issues to family issues to business issues.  Unions and management often use mediators to come to agreements on national labor contracts, couples mediate pre-nuptial contracts, divorces and child custody arrangements, siblings mediate wills and trusts which are problematic, and neighbors use mediation to come to agreement on noise issues or other particular conflicts.

Although I am a psychotherapist, when I am working with you as a mediator, my role is very different.  I will focus on helping you come to an agreement that both parties can live with.  The way that mediation works is that the third, neutral party helps the parties in conflict carefully consider each others' concerns and come up with their own solutions, sometimes creative ideas that no one would have predicted!  As a trained mediator, I will not be taking sides in the dispute, I will not be pushing for any particular outcome.  I will help you come to your own resolution.

Many times people are able to agree on most of a problem, but need help with only one part.  Sometimes people are far apart on more pieces or all of the problem.  Either way, mediation can be a helpful solution. It is less expensive than litigating in court, and the resolutions are usually much more durable because the parties have agreed to them. 

Sometimes attorneys are needed to file legal papers or approve agreements.  I am not an attorney and will not write up or file legal agreements, nor will I give legal advice.  Although mediation is confidential, with written permission, I can speak with your attorneys, or send your attorneys a letter, and help you communicate what you would like expressed in the agreement you create.

Collaborative Practice
Collaborative Practice is a non-adversarial process focused on getting families from dispute to resolution efficiently and with as little financial and emotional damage as possible, while securing an agreement which addresses their common and individual interests.  Divorce and dissolution usually cause a lot of  feelings of powerlessness for everyone in the family.  This strategy puts you in control of the process instead of handing it over to a judge.
Collaborative Practice is a new way  to resolve disputes respectfully -- without going to court -- by working with trained professionals who are important to all areas of your life.

Collaborative Practice, unlike mediation, offers you and your partner the support, protection, and guidance of your own lawyers and coaches without going to court. Additionally, unlike the traditional adversarial process,  Collaborative Practice provides you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team. 
In Collaborative Practice, core elements form your contractual commitments, which are to:

  • Negotiate a mutually acceptable settlement without having courts decide issues.
  • Maintain open communication and information sharing.
  • Create shared solutions acknowledging your highest priorities.
  • All experts are neutral and agree in advance not to go to court.
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