Constructive problem-solving through communication and collaboration

When the parties in a dispute can agree to mediate, the nature of the situation changes. By working together to resolve their differences with the help of a mediator, people are much more likely to come to a mutually beneficial resolution. The resolution is one they build for themselves instead of having it imposed upon them from the outside.

The past decade has seen a dramatic increase of mediation in legal situations. Cases ranging from divorce and child custody to probate, business and workplace disputes are now being resolved through this constructive, collaborative, creative process. Celeste Kling has successful mediation experience in all of these areas.  Mediation is gaining popularity in the legal environment primarily because it is a more civilized, and often a more economical, path. 

Mediation is a more civilized, and often a more economical, path.

Consider a few good reasons for mediation: courtroom battles are invariably expensive and frequently leave all parties dissatisfied. Also, legal conflicts usually extract an emotional toll on both sides regardless of the outcome. This is a particular concern when children or families are involved, or when parties hope to preserve an ongoing working relationship. Mediation, on the other hand, has the potential not only for minimizing the costs and stress for everyone involved, it is more likely to result in a positive solution for both sides.

A trained, experienced mediator is a critical component to successful mediation proceedings. By establishing the common goals and ground rules, the mediator facilitates the process by which both sides come to a solution of their own making. An attorney mediator can draft an agreement which the parties may submit to the court or use outside of mediation.

Attorneys often recommend mediation prior to initiating or during a legal proceeding.

The mediation process is confidential, in order to encourage the participants to brainstorm and consider creative solutions to the challenges they face. Although the contents of mediation discussions are confidential, a written mediation agreement signed by both parties can be submitted to the court or used by the parties.

Mediation is not appropriate for every situation. It only works when both sides are committed to the process. This is not to say that parties who have already retained counsel cannot come to the mediation table. In fact, often the attorneys will recommend mediation at some point prior to initiating or during a legal proceeding. When handled correctly, mediation has a very high rate of success.

Celeste Kling has a positive "can do" attitude about mediation.  Parties who suspect their disputes are not resolvable are frequently pleased by positive results they did not anticipate.  Celeste is comfortable mediating issues with only the parties present or with their attorneys also present, if they wish to proceed that way. She is also willing to travel to other attorneys' offices or to parties' business offices to provide a convenient setting for mediation.

• Mediation Resources