Family Mediation

Mediation is a process in which a third party neutral works with two or more people to help them reach resolution on issues or conflicts that may exist between them. In divorce mediation, the mediator works with the divorcing couple to help the couple reach a resolution on the various issues in their divorce.  In connection with family law cases, Amherst Mediation offers an initial free consultation where the mediator meets with both parties to discuss the process and answer questions. It is important that the participants feel comfortable with their mediator and for  the mediator to assess and make sure that the mediation process makes sense for them.

People coming into mediation are overwhelmed by the process. This is understandable. Divorcing couples for instance are often dealing with every major aspect of their lives: children, houses, pensions, life insurance and health insurance. Couples often do not know where to begin in unraveling and figuring out these issues. Do not worry, as that is your mediator's job. Your mediator will help you identify the issues that you need to address and start to help you address them one by one. Once you have reached an agreement on all the issues, your mediator will prepare an agreement. In a divorce mediation the mediator will prepare a separation agreement for you which you can file with the court and will also provide you with the forms you need and a detailed explanation of the process. A more detailed description of divorce mediation can be found at Behind the Scenes at Amherst Mediation.

Civil Mediation

Matters in Litigation:

Mediation of matters in litigation offers the opportunity to resolve the dispute without undergoing the expense, (both financial and emotional,) delay, stress and uncertainty of trial.  Mediation is faster, cheaper, allows parties to structure an agreement that addresses all the issues, (not only financial) and, where applicable, has the potential to repair ongoing relationships. (For example in employment, housing or health care situations.)

Matters not in Litigation:

Mediation of matters in which neither party has filed a lawsuit offers the best opportunity to avoid the costs, stress and delay of litigation.  In cases where neither party has retained an attorney, mediation allows the parties to negotiate directly, with the assistance of a mediator.  In such cases, Attorney Barshak works to ensure that each party’s position is effectively communicated and understood by the other party(ies).

Read more about Civil Mediation

Elder Mediation

Elder mediation is a process that helps families work collaboratively to resolve difficult issues that often arise as family members age. If left unresolved and if not addressed in a proactive manner, these issues can turn into multiparty conflicts and litigation. Not only is this extremely expensive, but it creates stress, anxiety and schisms in families at a time when a family might already be dealing with extremely difficult situations. Elder mediation is a process by which a mediator assists elders and their family to identify and resolve the problems that often arise.

Read more about the benefits of elder mediation.