Mediation Helping You Find Success Through a Difficult Time

Tigard Mediation Lawyer

Resolving Disputes With Care and Precision

At Rose L. Hubbard, Attorneys at Law, we firmly believe that there is more than one way to find solutions. Sometimes, we hire mediators to work with our attorneys and our clients. We also offer mediation to people who want to explore coming to their own solutions, rather than leaving the outcome to a judge.

To learn if mediation is right for you, call (503) 743-0185 or contact our firm online.

Understanding Mediation and Its Benefits

Mediation is a process where people talk to a neutral third party about the issues they are in disagreement about, and hopefully come up with a solution that works for everyone. Mediation can be done with or without attorneys.

Types of Mediators

There are different types of mediators:

  • Collaborative mediators help parties when they agree not to litigate. If an agreement is not reached, the process has to start completely from scratch.
  • Mediators trained in social work have knowledge about child development and about how different kinds of parenting plans can work.
  • Retired judges can mediate, as they have the experience of people litigating in front of them, know what factors they would have considered as a judge in that county, and have a unique authority because they are a retired judge.

Private attorneys can also mediate, and there are private attorneys who are litigators as well as mediators. Lawyers who also litigate can have a distinct advantage; because they represent clients in divorces in multiple counties with multiple judges, they know the issues, they are current on the procedures and caselaw, they have experience in knowing how to negotiate, and know how to come up with solutions that would be able to work for both parties, including solutions that the parties might not have considered themselves. Attorneys are also knowledgeable about the range of possibilities and the range of potential judicial outcomes across different counties and judges.

Non-Binding Mediation: A Flexible Option

If the parties agree to the mediation process, or it is mandated by court rules, but they cannot reach an agreement, then the parties walk away and their case proceeds to court. The benefit to mediation is that the parties are more in control of what options are considered and what works best for them and their children.

Mediation also does a better job of preserving a working relationship with the other parent. When parties litigate, there is formal testimony and presentation of evidence and outside witnesses, all of which can result in emotional trauma from the experience of having someone that you once loved testify about what a horrible person you are. Often people talk about being traumatized by the process which does not allow time to reflect or think, but often only to react, because the pace of litigation can go quickly and as facts change, results change. In litigation, someone else is making the decision for you. Sometimes there isn’t any other option. Good people can disagree in good faith, and you need a judge to decide. But if both parties are willing to go into mediation in good faith, both parties are usually happier with the result, and the agreements tend to last longer before a modification is necessary.

At Rose L. Hubbard, Attorneys at Law, all of our attorneys have extensive experience in litigation, negotiation, and mediation. If you want an alternative to litigation, or you are required by court rules to mediate before you litigate, our Tigard mediators can help you look for creative solutions.

Contact us online or give us a call at (503) 743-0185 today to learn more about your legal options.

Commonly Asked Questions

Can mediation be a suitable alternative to court litigation?

Yes, mediation can be an excellent alternative to court litigation, particularly for those seeking a less adversarial and more cost-effective resolution to their disputes. It allows the parties involved to maintain control over the outcome and often results in agreements that are more tailored to the specific needs of the individuals, including any children affected by the situation.

What types of disputes can be resolved through mediation?

Mediation can resolve a wide range of disputes, including those related to family law such as divorce, child custody, parenting plans, and property division. It's also effective for addressing conflicts that arise post-divorce, like modifications to existing agreements. Our mediators are equipped to handle various situations with the goal of reaching a fair and lasting agreement.

Are the agreements made during mediation legally binding?

Agreements reached during mediation can be made legally binding if both parties consent and the terms are formalized in a written contract. Once signed, the agreement can be submitted to a court for approval, making it enforceable under law. This ensures that the decisions made during mediation have the same legal standing as those made in a courtroom.

The Team at Evans & Hubbard

Skilled & Compassionate Attorneys 

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