Oregon Mediation Attorneys
Perkins Law, LLC provides expert negotiation and resolution for complicated and high-conflict disputes. Often, conflict can seem unresolvable because all parties are caught up in the battle. We know the success of the mediator is found through their ability to remain neutral. You know your needs, the situation, the conflict, and the resolution you are willing to accept best. A neutral mediator who provides attention and care to all parties, sidesteps this struggle and opens the door for resolution. Whatever your reason for seeking mediation such as to avoid court, find a less expensive or faster resolution, have a say in the negotiation process, gain ownership in the agreement, create a longer lasting settlement, etc., our mediators are here to help!
While maintaining a peaceful and cooperative atmosphere, our trained mediators facilitate a platform for an honest conversation about the specific needs and goals you require for successful resolution without litigation. Along with a fresh set of eyes, a seasoned mediator will bring to the table skills, interventions, tools, and insights tailored to your unique situation.
For Family Law, our mediators are experienced navigating the intricacies of Custody and Parenting Time disputes, the Division of Financial assets and Property, Divorces, Marital, Separation, and Divorce. Whatever your specific situation, whether before, during or after marriage or any other relationship, our mediators will help you negotiate an amicable path through.
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FAQ
SHOULD I HIRE A MEDIATOR?
Conflict resolution is not easy, so why mediate? The simple answer: mediation works. Trained mediators bring tools and experience to the conflict resolution process that can be essential to finding a path forward. The external structure and open atmosphere of mediation is conducive to problem solving. Oftentimes mediated agreements are more likely to be followed as the parties entered into the agreement voluntarily. Mediation can be faster, cheaper, and more emotionally rewarding than litigation.
If you and the other party are willing to compromise and make a genuine effort to reach an agreement, then you should seek a mediator.
WHAT ARE THE STEPS OF MEDIATION?
Mediation is a voluntary process, both parties must agree to the mediation process prior to selecting a mediator. Once the parties agree on pursuing mediation and agree on who will act as mediator, they will prepare to discuss their desired outcome with the mediator or prepare a document outlining their goals for mediation. Mediation consists of private conversations between the parties (plus their attorneys if they are present) and the mediator about the other person’s offer or position. Due to the confidential nature of mediation, the mediator will only disclose what you, or the other party, allow them to. Throughout multiple mediation sessions the mediator will attempt to form an agreement between both parties.
WHAT DOES THE MEDIATOR DO?
A mediator is a neutral third person who assists parties trying to make an agreement on disputed issues. They should have no bias or intent to favor one party’s interests over the other’s, but they can offer insight as to whether your requests are practical or if they think the other side will consider the offer that you’re proposing. Mediation is always confidential.
HOW DO I FIND A MEDIATOR?
Many parties choose to use an attorney or retired judge to act as a mediator in their divorce because they often have special knowledge about the law and know many ways in which you can resolve an issue. Our mediators are all trained in mediation services and specialize in family law related disputes. Family law problems often need a creative problem solver to help reach a solution.
WHEN SHOULD I HIRE A MEDIATOR?
A mediator can be hired at any point but will be most useful if you and the other party are both willing to compromise and make a genuine effort to reach an agreement. It is usually helpful to suggest mediation at the early stages of a case. Otherwise, if one or both parties are participating in bad faith the whole process can become a waste of time and money.
IS A MEDIATION CONFIDENTIAL?
Generally, mediation communications are confidential and cannot be used later in court against you. This confidentiality is important as it allows people to engage in the mediation process without future worries that their communications will be used against them. There are a few exceptions to the confidentiality requirements though, and so your mediator will explain to you what you can expect in your specific situation.
CAN A LAWYER MEDIATE A DIVORCE?
A lawyer can mediate a divorce so long as the lawyer does not represent either party in that divorce. If one party is represented by an attorney and one is not, that is considered a settlement negotiation between the attorney and the self-represented party. An attorney acting as a mediator will not represent either party and will not have the duties to either party that an attorney has to their client.
WHAT SHOULD I ASK FOR IN A DIVORCE MEDIATION?
This is something an attorney will be able to answer once a review of your marital assets and family needs has been done. You will want to plan to discuss custody (legal decision-making authority over children), parenting time, distribution of debts and assets, as well as whether one party will be required to pay spousal and/or child support to the other. Do not be afraid to take your time to consider any offers being made or to do some research before the mediation to understand what you will agree to and what you will not.
WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?
Mediation is the process of collaborating with the other party to reach a solution using the help of a neutral third party. Arbitration is the process of hiring a neutral third party to make a binding decision on behalf of the parties once each party presents their side.