Honolulu Mediation and Arbitration Attorneys
Alternative Dispute Resolution Options at Divorce with Decency Mediation
There is a significant trend in legal circles nowadays toward a process
called alternative dispute resolution (ADR). This rapidly growing approach
includes mediation, arbitration, private judging, and virtually any other
approach and process which effectively moves cases toward settlement without
conventional litigation. An increasing number of our clients are choosing
this alternative in a genuine effort to avoid costly trials and the high
price tag which comes with it.
We are firm believers in providing our clients with cost-friendly and timely
results. It’s no surprise that we are emphatic proponents and enthusiasts
of ADR. Some of our attorneys even staff an affiliate branch of our firm
called The Divorce with Decency Mediation Clinic™ that provides
an alternative approach to typical
Call our Honolulu mediators to discuss your case and alternative dispute
resolution opportunities available to you:
(808) 518-6376. We serve Oahu and neighboring islands.
Divorce with Decency Mediation Clinic™
The Divorce with Decency Mediation Clinic™is an independent affiliate
branch of Coates Frey Tanimoto & Gibson, AAL LLLC. Our clinic currently
has several of our most experienced attorneys serving as fully trained
mediators on staff, to include our Senior Attorney
P. Gregory Frey, and
John D. Hughes.
The Mechanics of Mediation
Mediation is a cooperative, problem-solving process in which a neutral
professional (such as one of our properly trained attorneys) assists family
members to clearly define the issues that are in dispute in a marital
separation or dissolution, and help them reach agreements that are in
everyone’s best interests. The mediator does not take sides or make
decisions for others, but instead helps participants resolve misunderstandings
and communicate more clearly with one another.
All issues involved in a typical divorce, paternity, or separation case
can be addressed through mediation. Even if the process does not successfully
resolve all issues, at least partial agreements can be reached that help
narrow the remaining list of disputed matters which can help reduce the
overall cost of a case.
Benefits of Mediation
Mediation is becoming increasingly popular among our clients for the advantages
When couples participate in mediation, they benefit by:
Maintaining control over their own decision-making process. Any agreement reached in mediation is negotiated and mutually agreed to
by the couple and not imposed by a judge or any outside authority.
Minimizing the potentially harmful effects of divorce on children. When the parents themselves select and hand-tailor custody and visitation
arrangements, it is easier to keep children out of the middle of conflicts,
and the agreements often run smoothly and amicably going forward.
Saving time and money. Legal and counseling fees and court costs are minimized by avoiding protracted
Not compromising division of assets. Just because you are working through your issues in a mature and reasonable
way, it does not mean that you will be making any compromises in dividing
your assets. The law still applies to all aspects of divorce, and you
will have access to all the legal guidance that you need, along with a mediator.
Embracing mediation in the legal profession. It is common for couples to believe that divorce mediation is an alternative
method to the legal route. Yet, they can be combined. The American Bar
Association collaborates with mediation groups to share best practices.
When couples are willing and able to work through the process together,
mediation can prove to be very fruitful and productive to both parties,
and for the entire family.
Mediation Is Not for Everyone
Mediation works best when both spouses have accepted and agreed that the
divorce itself should occur. Both parties must still be able to communicate openly
and should be on a relatively equal footing with one another to take full
advantage of the give-and-take flexibility that is inherent in mediation
and the negotiation process.
If the parties are still so angry at one another that they cannot productively
communicate, mediation probably is not the answer and most likely will
not work. Additional factors that challenge the effectiveness of mediation
exist within the relationship structure. If there is a substantial power
imbalance between spouses, the playing field will probably not be level
enough for mediation to work as intended. Likewise, if there is a knowledge
imbalance where one partner knows everything about the parties’
assets and finances while the other knows virtually nothing, mediation
is probably not appropriate. Finally, if spousal abuse or
domestic violence has been a factor in the relationship, mediation is generally not appropriate.
In any case, parties can participate in mediation if it is appropriate
to do so "with" or "without" attorney representation
If you are interested in Honolulu mediation services available through
Divorce With Decency™,
(808) 518-6376 for further information.