General Practice

Facilitative Mediation/Private Mediation

Facilitative Mediation

The courts in this state are just starting to implement facilitative mediation. In facilitative mediation, a neutral third party (the mediator) facilitates the negotiation process. The mediator assists the parties by helping to define the issues and by clarifying their respective positions and the options available. In facilitative mediation the mediator does not make any evaluation and does not make any recommendation or decisions for the parties.

Evaluative Mediation

On the other hand, in evaluative mediation the mediator assists the parties reaching a decision by giving his own analysis and evaluation of the issues to be decided. However, the parties are not bound by his evaluation.

Totally Private and Quicker: It is to be noted that with mediation your controversies may be settled far more quickly than matters that are contested in court. Further, with the assistance of the mediator, the communications between the parties are more direct and, therefore more efficient. Finally, when any matter is mediated whatever transpires in the office of the mediator is TOTALLY PRIVATE AND CONFIDENTIAL. In other words, there is no public record of any of the allegations that unfortunately raised during contested proceedings. Although all matters are thoroughly discussed in mediation, your complete privacy is maintained.

You are in control: I realize that the idea of mediating domestic matters prior to the filing of an action is a relatively new phenomenon in this geographic area. However, resent studies have demonstrated that parties who mediate are much happier because they have more control of their lives, and, ultimately, in the future are more likely to adhere to the agreement that they have arrived at through mediation.

Preventative Mediation

Please note: mediation does not always take place when a court case is imminent or while litigation is actually taking place. Mediation can, also, be implemented as a preventive tool to prevent future controversies in a variety of family matters. Some examples of these are:

• Pre-marriage Agreement (Pre-Nuptial Agreements);
• Estate Planning when there is a ?blended? family; and
• Any other family matter: i.e. curfew times for a rebellious teenager, family budgets, special purchases, etc.;

In addition to providing mediation services Gerald F. Chefalo is also seeking private retention in the following areas:

• As a consulting attorney when the parties are in the mediation process with another mediator;
• In the capacity as arbitrator in all family law disputes; and
• As a litigator in all domestic matters