Other Variations of Mediations
Sometimes, traditional mediation is not appropriate for resolving difference in a particular situation. In addition to Co Med-Arb, several variations of mediation may be better alternatives for some families. At McDonald & Mannion, we help clients throughout the San Francisco Bay Area determine which approach is best for their circumstances.
If the parties have made considerable progress but still cannot reach a resolution on all of the issues, the mediator can, at the parties’ request, offer a “mediator’s proposal.” The object is to state the mediator’s sense of a resolution of the issues that remain in dispute. This is not an opinion of how the entire conflict would be resolved in court. The mediator can present the proposal to each party in separate session and asks each to accept or reject it. Only if both parties accept the proposal does the mediator reveal their decisions and settle the case. Otherwise, the mediation concludes without settlement.
Binding Mediation takes Mediation Proposal another step. In Binding Mediation, the parties agree that they will accept the Mediator Proposal as a binding decision. The mediator formulates a solution that equitably resolves the remaining issues in the case, taking into account prior negotiations that have occurred and all agreed resolutions.
Final Offer Selections
Final Offer Selections is a variation of Med-Arb whereby both parties develop a brief and prepare a third-party presentation designed to show the arbitrator that their offer is the best option. The arbitrator can only choose one solution or the other, nothing in between. This gives the parties an incentive to be fair, negotiate genuinely, and remain open to compromise. Generally, Final Offer Selection works best if there are only a few unresolved issues remaining. This is commonly referred to as Baseball Arbitration as this is the method used by professional baseball teams and their players to settle salary disputes.
Family Law – Special Master – Parental Coordinator
In this alternative, a coordinator is appointed to manage the family for a certain period. The coordinator, often just relying on the submissions of the parties, arbitrates problems the parties cannot agree upon through mediation.
Brian McDonald has more than 25 years of experience handling mediations and is passionate about finding resolution to disputes. To learn about available options for your case, contact Brian today.