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Mediation Brochure

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Mediation Brochure

  1. 1. What types of cases are mediated? We can do a mediation with you before you begin litigation or after one has started. Most courts have an ADR plan in place and all you need to do is select a mediator.  General Civil: contract disputes, personal injury, property matters, employment, insurance claims for example.  Probate Matters: contested guardianship or conservatorship, disputes regarding a will or a trust.  Domestic Relations matters: divorce issues, post-judgment parenting issues, custody modifications.  Juvenile matters.  Small Claims Court.  Virtually any situation where parties are in conflict. Who We Are About Us We work with individuals and organizations facilitating discussion to reach a resolution to disputes. James A. Carolan, JD, CWS® Attorney, Mediator, and Certified Wealth Strategist, as an estate planning attorney and bank trust officer has extensive experience with probate, trusts, wills and estate matters, and well as with labor and employment issues. Jim was the Personnel and Labor Relations Manager for a large state hospital for many years before entering private law practice and was called upon by other state offices to assist with labor relations matters . He is trained in General Civil Mediation as well as Domestic Relations matters and qualified to work with you before or after filing a law suit. Contact Us Phone: 810-479-5140 Email: jcarolan75@gmail.com Web: www.carolanlawfirm.com JAMES A. CAROLAN MEDIATION SERVICES 2920 Pine Grove Avenue Port Huron, MI 48060 JAMES A. CAROLAN MEDIATION SERVICES Helping those in conflict find resolution
  2. 2. What is Mediation? Mediation is an alternative dispute resolution process – in other words, an alternative to court. With Mediation, you stay in control of the outcome. While we hope that with the assistance of a trained mediator the parties are able to reach common ground and find a resolution, not reaching a resolution is always your choice as a participant. The mediation process is entirely voluntary and confidential. Anything disclosed in mediation cannot be used in court. Mediators don’t impose a solution upon you, a mediator is not a judge; we only help you find the solution that is acceptable to the parties. How do we work? Every mediation is different so we work with the participants to determine the best approach for their matter. Jim is flexible and able to work with a variety of methods from shuttle diplomacy to all joint sessions. His personal style leans to the facilitative model. “The biggest problem in communication is that we do not listen to understand. We listen to respond instead.” The Facilitative Model Encourages keeping the parties together for open discussion as much as possible. The focus is on the parties to the litigation/dispute and encourages them to make opening remarks about their matter. The facilitative mediator asks questions but without revealing any opinion he may hold. He remains neutral. When the time is appropriate a caucus with the parties to explore further with them will be called. Call us to set up your mediation and find resolution. Mediators are Neutrals and Don’t Impose a Resolution We offer a true neutral, who does not impose a decision upon the parties. Throughout the process you remain in control of the outcome. As a mediator we do not tell you what to do, but allow you to reach your own conclusion as to what you want to resolve the matter. The goal is to get the parties talking, find the common ground, explore the areas that need further discussion, and let the parties determine the outcome. That outcome may be that there is no agreement the day of mediation – that is the choice that the parties can always make. Our hope though is that through our discussion in joint sessions and in caucus that we will end the day of mediation with an acceptable resolution. If we do not resolve matters that day, the discussion usually helps the parties to find the acceptable resolution later.