Mediation is a process of resolving disputes between two or more parties with the help of a neutral third-party, the mediator. Mediation is a preferred alternative to litigation, as it can save time, money, and preserve family relationships.
The mediator is the key person who facilitates the communication, clarifies the issues, and helps the parties find a mutually acceptable solution. The mediator is the impartial guide for the parties. The mediator should be impartial, respectful, trustworthy, and knowledgeable about the subject matter to be mediated. It is important to choose a mediator who has the appropriate skills, experience, and expertise for the case.
Mindful meditation requires careful preparation and execution to achieve a satisfactory outcome for all involved. Wendy has successfully mediated hundreds of agreements with couples anticipating marriage and wanting a premarital agreement, couples deciding to end their marriage, same-sex couples in domestic partnerships and/or marriages with issues unique to same-sex relationships, and couples who wish to remain married but separate their assets and income. As a mediator, Wendy employs her legal and business acumen to counsel parties and help them save time and money while creating customized solutions that reduce conflict.
The Morgan Mediation Method™
Before the mediation session, Wendy will contact the parties and explain the mediation process, discuss the roles and responsibilities of the parties, and learn about their expectations and goals. Wendy will prepare a mediation confidentiality agreement which the parties and mediator will sign.
Wendy will ask the parties to gather relevant information and documents, such as contracts, statements, or proposals, to assist understanding the issues and reaching agreement. California (as well as many other states) requires mandatory disclosure of assets, debts and income of both parties contemplating marriage or divorce.
Wendy will review these documents and identify the main interests, needs, and concerns of each party, as well as the areas of agreement and disagreement.
Wendy will prepare an agenda for each meeting as well as minutes after each meeting outlining what was discussed including agreements reached.
Wendy creates an environment conducive to reaching agreement by setting ground rules for each session such as speaking respectfully to each other, listening actively, avoiding personal attacks, and staying focused on the issues. Wendy’s goal is to help the parties resolve disputes with mutual consideration by teaching them effective conflict resolution and communication skills.
Wendy invites each party to share their perspective, feelings, and expectations about the dispute, and acknowledge and summarize their points. Wendy will help the parties identify and prioritize their interests, needs, and concerns, and explore possible options and creative solutions.
Mediation can last one session or more than one, depending on how willing each party is to work together to see the other party’s point of view. It is a matter of shifting perspective to allow possibilities to blossom.
Once the parties reach agreement, Wendy will prepare a written agreement for the parties to sign and provide each with a copy of the agreement and any other relevant documents or resources. If the parties are negotiating a Marital Settlement Agreement as part of a divorce, Wendy will prepare and file with the court all court mandated “Dissolution Packet” documents for them.
Let Wendy help you resolve your issues mindfully and with respect.