Myth Five
Mediation is not a reliable process for fairly resolving complex financial disputes.
In fact, the mediation process is very well-suited to complicated dispute resolution. The mediator’s job is to ensure that the parties have all information and advice they need in order to make informed and voluntary choices. Family mediators who are lawyers are familiar with the extent of financial disclosure necessary for parties to make such choices. The process of financial disclosure is generally much more efficient, inexpensive and understandable for the parties if they are working through it together. The mediator can arrange for the parties to jointly retain any experts needed, such as an accountant, valuator or actuary, saving the parties time and money, and increasing the possibility that a “win-win” solution can be found. And the mediator will ensure that the parties have access to all the legal and other advice they need.
Stay tuned for Myth 6 next week…
