Shay, Santee, Kelhart & Deschler LLC

Phone Number 610-295-5328

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Phone Number 610-295-5328

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We Are Your Legal Team

Why Mediation

Richard E. Santee Jr.
I have practiced law in the Lehigh Valley for more than forty-eight years. Most of my practice during that time has involved litigating “contentious matters.“ I have had a very active civil practice as a trial lawyer in Northampton, Lehigh, Monroe and neighboring counties and the Federal Courts in the area. A substantial part of my practice has always included Family Court matters – divorce, custody, and support. Over the years, I have come to realize that there is no “one-size-fits-all” solution for resolving the often very contentious issues that arise when people end long-standing and very committed relationships. There are always “loose ends“ to tie up and it’s very difficult for people to look at things objectively when their issues deal with people, family, and loved ones.

 
I have come to believe that some cases—general civil as well as family law matters—may be economically and expeditiously resolved by utilizing mediation rather than adversarial litigation. To that end, I believe I can be of assistance to many people involved in family law litigation – especially divorce, property distribution, and custody matters – by serving as a mediator working with both married and unmarried couples (including those who currently have counsel as well as unrepresented couples) to resolve family matters, disputes, disagreements and interpretation of existing agreements, employing mediation as an alternative—or complement—to the traditional court system.

Negotiations in family mediation cases are generally conducted with only the parties. Although counsel for each party may attend mediation sessions and conferences, and privately communicate with their clients, the presence of counsel is neither necessary nor required. Sessions typically take place without counsel attending.

Choosing to divorce is an emotionally difficult time, no matter the reasons. In addition to facing change in lifestyle and parenting dynamic, parties to a divorce have to decide how to divide assets, share responsibilities, and coparent effectively to minimize disruption to the lives of their children.

While hiring an attorney to represent you is certainly appropriate, engaging in family mediation is another alternative to consider and can be utilized both before and during, and many times after, an actual divorce or custody proceeding, even where the parties are represented by counsel.

The role of the mediator is to guide the parties toward a resolution of their own making, using both joint sessions and separate conferences. As a mediator, it is my job to help both sides, define the issues clearly, understand each other‘s position, and move closer to resolution.

If you have legal representation and I am able to resolve your issues by mediation, I will prepare a Memorandum of Understanding for review and approval by your lawyers. It will be the responsibility of your lawyers thereafter to prepare a formal “Property Settlement Agreement“ that incorporates the contents of the Memorandum into a document suitable for filing with the Court.

Mediation differs from the methods typically used in court, such as record conferences and hearings, because it relies on both parties being guided to their own settlement through discussion and dialogue facilitated and guided by the mediator.

Mediation is an entirely voluntary process, so either party can choose at any time to terminate the process if they feel the sessions are not useful. I will hold mediation sessions at designated locations or at my office, after a discussion as to the rules on how those sessions will proceed.

During mediation sessions, both parties will be allowed to air their perspectives and points of view. I will try to direct the conversation toward the issues that are important to both sides, ultimately summarizing and framing the issues that are brought up in a way that respects both parties’ points of view.

Typically, mediation will take multiple sessions before an agreement or resolution is reached. When agreement is reached, I will help the parties put that agreement into words, with a Memorandum of Understanding that can be shared with the parties’ counsel.