Resolution Without Trial
Most people resolve their conflict without trial. They seek mediation to avoid the pain and expense, and they succeed in finding resolution.
If you want to be sure you avoid trial, you may want extra care.
You cannot prevent anyone from petitioning the court and using the court system. But you can agree that you will use mediation first. You can also agree that if mediation fails, you will arbitrate, and if they dispute the arbitration, they will pay a reasonable estimate of attorney fees.
By contract you can agree to resolve all the issues. You can add arbitration to mediation. So, even if the best you can do in mediation is agree to disagree on an issue, say custody of the children or the amount of spousal support or the value of a business, you can have an arbitrator decide that issue for you. The arbitrator follows the “community standard of fairness” in making a fair decision for you, similar to what a court would do. So you get all of the issues decided. This is a fail safe system. In this way, no matter what happens, you reach a complete resolution, and you can have a Stipulated General Judgment of Separation or Dissolution of Marriage entered without trial.
You can protect against abuse of the trial process, in excess litigation. You can agree that appeal to the court from an arbitrated decision will result in their paying a reasonable estimate of your attorney fees, because the purpose of mediation was, in part, to avoid that expense. Alternatively, you can agree that the appealing party will pay attorney fees only if the appeal improves their result, taking into account the cost of attorney’s fees and the costs of the appeal.
See the Mediation Contract to review its terms. To skip reading the contract and to read through the Web Site as designed, go to Safety and Protection.