If you are seeking an experienced mediator or facilitator, the lawyers of Skirbunt & Skirbunt LLC are here to help. Our Cleveland, Ohio based law firm has helped families navigate their divorce through mediation and facilitation for over 30 years.
Mediation is an alternative to litigation that provides you with an opportunity to resolve differences with the assistance of a neutral mediator whose job it is to facilitate focused discussion in hopes of reaching an agreement between the parties. Our attorneys and certified mediators are experienced in mediation practice and can provide neutral mediation services or serve as counsel to provide guidance and legal insight necessary to reach agreement.
In mediation, parties negotiate directly with each other, with the assistance and guidance of a neutral third party called a mediator. The role of the mediator is to facilitate the dialogue between the parties. By clarifying the concerns of each and ensuring that each is being heard, the mediator can assist the parties in reaching agreement. A skilled mediator can also provide ideas and options for resolution of the various concerns raised by the parties. The mediator, however, does not provide legal advice to the parties and does not draft legal documents.
Since the mediator does not represent either party, it is highly recommended that the parties each obtain independent legal counsel to advise them of their rights and obligations under the law and to advise them as they deem necessary and appropriate, both prior to, and throughout, the mediation. The lawyer for each party in mediation should also provide the client with ideas as to how to address the parties’ issues, whether or not they have anything to do with the probable outcome of these issues in the litigation. The lawyer in support of mediation should be a problem solver, assisting the client in unlocking the creative power of mediation, with which the parties are enabled to reach their own agreement.
A mediated agreement may even take into consideration concerns which cannot be addressed by the court. Indeed, in mediation, the parties have the opportunity to “make their own law” in finding solutions uniquely designed to meet the needs of their particular family.
Facilitation, like mediation, engages a neutral to assist the parties in reaching an agreement. Unlike mediation, however, the facilitator is empowered to be evaluative in assessing the positions of the parties, thereby enhancing the likelihood of resolution.
The facilitator also may engage experts, gather documents, and discuss matters with counsel for the parties, as necessary, in order to move the negotiation forward and, ultimately, to resolve the differences between the parties
James R. Skirbunt, Esq. and Sharon A. Skirbunt, Esq. are certified family law mediators. The firm takes pride in the ability of its lawyers to successfully mediate matters that present difficult or challenging issues and have been appointed as mediators to resolve litigation pending in the United States District Court, the Cuyahoga County Probate Court and Domestic Relations Courts across Northeast Ohio. The lawyers of Skirbunt & Skirbunt LLC also function as counsel for individuals engaged in mediation, and, they provide these clients with creative ideas and solutions to problems that they can then take back to the mediation sessions.
Jim Skirbunt has been engaged as a facilitator on numerous occasions and has successfully resolved highly complex and sensitive matters.
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