AN ALTERNATIVEBRIDGE TO RESOLUTION Mediation utilizes a process of communication in which an accepted, neutral, third-party facilitates informed decision-making, problem-solving, and agreement among parties inconflict or in the creation of a new or different relationship. The unique process of mediation uncovers the true conflict, explains the disparate views, and results in an agreement crafted by the parties most affected by the solution.Mediation may be implemented to design new relationships or to resolve associations in conflict. CONFLICT . . . a part of living . . . Disputes are natural and normal responses to human interaction.However, for many people, conflict is frightening and stressful. Many disputes go unresolved because of peoples’ unwillingness to confront the problem.Others are resolved in court by a judge or jury without interest or understanding of the dispute or the repercussions of the final judgment. Frequently, the real problem (abandonment, betrayal,regret) cannot be litigated; the judicial system substitutes a legal issue and tries a square peg for a round hole. THE PROCESS Oklahoma law provides the opportunity for parties to resolve disputes outside of the courtroom. Mediation can be initiated before a party petitions the court for assistance, after the legal process has started, and/or prior to a final trial. Several Oklahoma counties require mediation in all family disputes.
Ann Wright Back is a Certified Mediator by the Oklahoma Supreme Court and is listed with the Tulsa County District Court Family & Divorce Mediators with specialized training in domestic violence mediation.
As a mediator, she welcomes couples who wish to craft prenuptial agreements, postnuptial agreements, separation agreements, dissolution of marriage agreements, post divorce custody, visitation, and/or support issues, paternity / custody matters, grandparent visitation, family disputes, wills and/or trusts.
Ms. Back charges for mediation on a sliding scale. Interested parties are required to complete an application to qualify for Mediation Financial Assistance Application. When appropriate, Ann Wright Back may select a mental health professional to co-mediate cases with her. That professional identifies emotional and psychological issues while Ms. Back identifies legal issues and solutions. The co-mediators promote interest-based bargaining and encourage resolution of family issues away from the court system. Separate fees will apply in all cases involving co-mediation. Once a case is referred to Ann Wright Back, the parties are contacted individually by her to ensure that the issue is appropriate for mediation, to explain the process, and to schedule a mediation session: both parties are providedRules of Mediation. Each party signs an Agreement to Mediate prior to the mediation. Appropriate safety measures will be taken and the first mediation session will be scheduled. Parties are welcome to attend each mediation session with their attorneys.
At the session, Ann Wright Back questions the participants about the conflict, frames the issues, negotiates an agenda, and engages the parties in a discussion which results in options for a solution.
Ms. Back may meet with the parties confidentially during a session to determine strategies that will make the joint session more productive.Depending upon the complexity of the issues, several sessions may be appropriate.Occasionally, additional testifying parties (children, co-workers, extended family members) may attend a session. Following each session, Ann Wright Back will provide a summary of the issues discussed and any resolution(s) that were obtained. Subsequent sessions may be confirmed at the request of the parties or their attorneys. THE BENEFITS COST:Disputes cost--not only monetarily but also in time, productivity, relationships, and emotions.Selecting litigation to resolve disputes generally compounds those costs.Mediation, as a compliment to legal consultation, minimizes the costs of resolving disputes.Mediators’ fees are lower than most court-related costs..The participants control the time involved -- not the court. CONFIDENTIAL:A complaint raised in mediation is not published in the newspaper; nor is the final settlement; nor are the participants’ names.Disputing parties meet in the privacy of the offices of Ann Wright Back.Documentation related to the mediation does not become public record; nor available from the courthouse computer or records department.Disputing parties secrets remain secrets in mediation. CONVENIENCE:Mediated sessions are scheduled when and where it is convenient for the participants--not the convenience of the court.Sessions can be scheduled morning, afternoon or evening.The offices of Ann Wright Back provide a neutral forum--less formal and more comfortable.In addition, sessions can be scheduled in the participants’ offices, homes, or other neutral settings. EFFICIENCY:Disputes are usually settled much more quickly through mediation.The customary delays of the courts’ docket does not affect scheduling mediation sessions.Compliance with mediated settlements is much better than court-ordered judgments.Not only is the process more efficient but the participants are more satisfied with the outcome. RELATION-BUILDING:Conflict impacts relationships.Many become uncomfortable or terminate because of disputes.However, most relationships must continue to function between parties sharing children.Mediation facilitates the positive resolution of conflict.Ann Wright Back may be employed to design new associations following conflict.From creating co-parenting plans, to modifying prior decrees, mediation is a tool to better communication. SELF-DETERMINATION:The disputing parties participate throughout the process, create the solutions, and control the results instead of the court-controlled method.The conflicted participants have the most knowledge about the dispute and are the most impacted by the outcome.The process of mediation empowers them to create and agree to a resolution which best serves their needs and expectations.Mediation is voluntary.Participants may walk away from the process at any time.The parties control their involvement, the process, and the results. YOUR FAMILY:Conflict frequently arises among family members.A mediator is often successful in separating the emotions from the issues and expediting the disputing parties’ resolution.Specifically, the process of mediation facilitates solutions between pre-nuptial couples; disputing parents and children; the dissolution of marital relations; disputes about child custody, visitation or modification; property division; guardianship and estate issues. YOUR ATTORNEY . . . Mediation does not replace the need for legal counsel.Attorneys may refer single or multiple issues to Ann Wright Back for resolution.Attorneys may participate with their clients in the mediation process. Mediators do not inform the participants of their legal rights, responsibilities, or recourses.Legal issues which arise during mediation are referred to the participants’ attorneys for answers. Each party has an opportunity to review the any resolution with their attorney before finalizing the agreement.Mediation compliments the legal services provided by attorneys. When acting as a Mediator, Ann Wright Back will not, under any circumstances, give legal advice to either party. If she mediates your family dispute, Ms. Back will not subsequently represent either party as an attorney.
As a Mediator and Oklahoma attorney, Ms. Back may give legal information to both parties as may be necessary for the parties to make informed decisions.
Both of the parties are expected to seek the advice of independent and separate legal counsel at any time during the mediation process with regard to their individual legal interests, rights and responsibilities.
On behalf of the parties, and at the parties’ expense, Ann Wright Back may ask an attorney to provide a legal opinion during mediation; the attorney providing the expert opinion will not be responsible for any results that may occur from the parties acting upon that opinion; the attorney will not be representing either party; and that attorney, because of a conflict of interest, will not be able to represent either party in the divorce action.
The parties agree that no legal action of any kind will be taken by either of them during the course of mediation, except with the express agreement of the other party and the mediator. Further, if either or both parties have retained counsel prior to mediation, they shall be obligated to direct their attorney in writing that no action is to be taken on their case while the matter is in mediation. CONFIDENTIALITY The contents of your file and all information about you, even your identity, will not be disclosed by me without prior consent of both of you or unless compelled by law.
Any statements made or notes taken by either party or me during the mediation process will not be admissible in court; Ann Wright Back shall not be subpoenaed to testify in any legal proceeding concerning the matter in mediation, even with the consent of both parties.
There shall be no stenographic or electronic record of the mediation process.
All information confided by the parties to Ann Wright Back will be held in confidence unless she is specifically authorized to disclose the confidence to the other party EXCEPT for the following: a) allegations of abuse committed against any minor or elderly persons; and b) the future threat of death or serious bodily injury by a party to another person.
SECURITY As a Mediator, Ann Wright Back strives to provide a secure environment for mediation sessions. During the initial intake, she may determine that security personnel are required or that separate conference rooms are necessary to provide that environment. Additional costs related to security will be the responsibility of the parties and must be paid prior to any session utilizing special security measures.
Ann Wright Back realizes the high cost of legal conflicts. In select cases, Ms. Back provides Financial Assistance by agreeing to a sliding scale fee linked to the parties' incomes. To be considered for such Financial Assistance, the clients must each submit a Mediation Financial Assistance Application with copies of pay stubs for the prior three months.
Ms. Back acceptes personal checks, cash and credit cards. Select BRIDGESwhen you decide it is time to hire OKlaw4familes / Ann Wright Back to help bridge your troubled waters.
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