Type of Case: Domestic
Case Result: Settlement of all issues in Mediation
County: Rockingham County

Difficult and Emotional Time

Divorce is never easy. It’s the end of a huge chapter in a person’s life. However, it is usually not a good sign when a client comes to us seeking a second attorney. In this case, the client had already attempted mediation, which resulted in a deadlock and high levels of hostility between both parties. The previous counsel had not been able to get the case settled, and the other side was making unreasonable offers. Our client was facing litigation and would most likely fare poorly. Dummit Fradin was determined to help the client get the best outcome possible.

Back to Mediation

The first step in the process was to persuade the opposing counsel, client, and the judge to order the parties to return to mediation. Both parties had attended mediation two years prior, with different counsel, and it had resulted in a deadlock. Our Attorney felt the best outcome for this case was mediation.  Her persistence paid off. Both parties agreed to return to mediation with a mediator of the firm’s choice.

Having been through mediation once already neither party had faith that it would work this go round. Our Attorney pushed for a mediator who would be fair and tough on both parties.  Opposing counsel resisted at first.  However, tenacity won the day and everyone got on board with the process.

Mediation

Due to our client’s diligence and work they came to mediation prepared with all documentation that was needed.  Our Attorney was able to settle the case because of our client’s flexibility and mindset toward settlement.

The outcome was positive for the client.  Her retirement remained intact, her distributive award was manageable, and she was able to keep the marital home at a low, old value, maximizing her home equity, as well as rewarding her payment of the mortgage for the remainder of the case after separation. Our client was happy with the terms of the settlement and walked out feeling lighter, having finally ended a long and high-conflict chapter of her life.

mediation

A Positive Outcome

Mediation is an excellent option if you have all the necessary documents and figures. Go in with a settlement as your true goal, as well as flexibility toward an outcome. When facing a difficult case, it is important to have a persistent and dedicated law firm on your side. Even when facing an impasse, there are always pathways to resolution, and mediation can be a viable option. With the right preparation, mindset, and mediator it is possible to get a positive outcome for everyone.

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