Mediation & Collaborative Law
Listen | Inform | Resolve Our mission is to bring competing parties and theories together to craft a “win win” solution in a cost effective and speedy manner while preserving mutual respect between those involved.
Mr. Arney is a trained and State certified mediator who draws on his diverse experience to assist parties in resolving disputes involving:
- Family Issues (divorce, separation, pre-marriage, post marriage, family member disputes, probate and post death issues)
- Business Dealings (partnerships, contracts, business deals, non-compete agreements, unfair competition, etc.)
- Construction Issues (liens, owner-general contractor-subcontractor-supplier issues, construction defects, etc.)
- Individual Controversies (neighborhood, contract, etc.)
What is mediation? Mediation is the “smart way” to solving problems. It is a process, with or without attorney involvement, whereby disputes can be resolved with the help of a neutral third person known as the mediator.
Mediation is managing conflict in a constructive way. Mediation is the process of achieving consensus with morals and principles in mind. It is ideal for both small and large conflicts as the cost and risk of not settling only increases with the size of the controversy.
What mediation is NOT…
Mediation is NOT, however, a sign of weakness or giving more than you should. Mediation is NOT sacrificing your principles, beliefs or values. Mediation is NOT cutting corners or making decisions with insufficient information.
The process of mediation contemplates an open and full exchange of information and even uses the assistance of other professionals (e.g. real estate appraisers, business appraisers, accountants, doctors, engineers, etc.) to provide input into the process to make sure the parties are making informed decisions. Arney Mediation gives the parties an environment to understand and be understood allowing individuals to cooperate and craft mutually satisfying solutions.
Where principles matter | Principles often get lost as disputes escalate. Competing parties often neglect to consider what is fair. Instead, the conflict becomes about “winning”. The problem is while our system of justice is the best in the world, there are usually no winners. It becomes a game of minimizing losses. Mediation seeks to find a “win win” solution quickly and with much less expense. The process allows the parties to craft their own solutions rather than risking a court dictating an outcome that could very well be unacceptable to both of the parties.
Our commitment: To understand your problems | We make a concerted effort to understand the issues and, we mean really understand, the positions of each party. No matter what the subject matter, we are committed to taking the time to understand the competing interests of those involved and the human dynamics at work.
Cooperation among the various disciplines | the cooperation of the various disciplines such as accountants, therapists, appraisers and attorneys produce well reasoned solutions. While accountants quantify, therapists see the shades of gray, attorneys seek black and white, working together they reach ideal solutions.
What is “Collaborative Law? | The parties are each represented by attorneys and the negotiations occur during settlement conferences. The parties jointly retain valuation and other experts that may be needed to work through the issues in dispute.
Single Day Settlements | Mr. Arney is committed to spending as much time as is needed to resolve cases in one day. Call Arney Mediation and inquire about this option.
Mediation is completely confidential | Mr. Arney often assists families and business owners with whom he has a personal relationship. Neither the issues nor the engagement in the mediation process will be disclosed to any third party or family member.
Areas of Mediation Expertise / Collaborative Law
- Family Issues
- Divorce | Traditional divorce litigation where the parties hire competing attorneys often resorting to court intervention can be stressful on the entire family including the children. It also has a long term effect on the ability of mom and dad to effectively co-parent the children. We have seen first-hand where parties that once loved each other resort to combat shredding all mutual respect.
- Guiding Principles | a holistic approach to family issues. While we cannot instantly take the pain and grief away, we CAN place you on the path to solving the issues and restoring your spirit. There are definitely better days ahead if you trust in our proven process.
- Spirit of cooperation | You are much more likely to listen to another viewpoint if you are treated with respect. In fact, often couples are essentially saying the same thing with the same goals but the animosity is precluding compassion and understanding.
- Open and Honest Exchange of Information
- Preserving or re-building mutual respect
- Coping with grief and starting over | There are few life events that cause greater pain. The realization that two halves don’t make a whole in terms of assets being divided leaving each party with a different standard of living is devastating. The realization that the strength of one is less than one and the strength of two is more than two is upsetting. We always show kindness and empathy as we guide you through the process. While emotional scarring from divorce is unavoidable, you can end up stronger and in a better place.
- For recovery from divorce, see www.cor.org/careclasses
- Suggested readings:
- Radical Recovery: Transforming the Despair of Your Divorce Into an Unexpected Good, by Suzy Brown (Acu/Lefwood, 2007)
- Breaking and Mending: Divorce and God’s Grace by Mary Redding (Upper Room, 1998)
- The Land Between by Jeff Manion (Zondervan, 2010).
- Children First | the best interest of the children is always the guiding principle. If couples keep this in mind, the solution is usually obvious. Our goal is for the parents to leave the mediation process and make decisions as if they were still married. This unified voice and mutual support of each other keeps the children on the right path and out of the middle of any controversy. Children can and do prosper post divorce IF parents treat each other with respect and dignity.
- Counseling | we have a network of mental health professionals for individual counseling, co-parenting instruction, relationship counseling and counseling for your children. This is an essential component of addressing any issues that exist in a healthy and positive manner. Your family members can prosper if the issues are handled properly.
- Confidentiality is Paramount | Mr. Arney often mediates disputes between families he knows personally. Rest assured that absolute confidentiality will be preserved as well as objectivity. In fact, Mr. Arney takes great pride in assisting familiar families and sincerely wants to help.
- Guiding Principles | a holistic approach to family issues. While we cannot instantly take the pain and grief away, we CAN place you on the path to solving the issues and restoring your spirit. There are definitely better days ahead if you trust in our proven process.
- Other Family based issues
- Separation Agreements
- Post Divorce disputes
- Pre-marriage issues / prenuptial agreements
- Post-marriage issues
- Disputes between families (e.g. care of elderly or ill family members)
- Probate and post death disputes
- Divorce | Traditional divorce litigation where the parties hire competing attorneys often resorting to court intervention can be stressful on the entire family including the children. It also has a long term effect on the ability of mom and dad to effectively co-parent the children. We have seen first-hand where parties that once loved each other resort to combat shredding all mutual respect.
- Business Dealings | Controversies and lawsuits can pose a serious threat to the success or even the continuation of the business. Disputes and lawsuits are not only expensive but result in a serious lack of productivity and distraction to the owners and employees. D. Todd Arney has not only a law degree but a Master of Business Administration (MBA) which helps him really understand the issues from the perspective of the business owners. Mr. Arney, using his education and experience as a business owner himself, mediates all issues relating to the following:
- Partnerships/Corporations/Limited Liability Companies
- Contract disputes or issues
- Business deals
- Non-compete agreements
- Unfair competition
- Workplace disputes
- Any dispute involving business issues
- Construction Issues | D. Todd Arney is the long time owner of a construction company which makes him particularly well suited to understand and solve construction disputes. As a licensed contractor, Mr. Arney has full knowledge of the construction process including the competing interests of the owners, general contractors, subcontractors and suppliers. Using his knowledge, education and experience, Mr. Arney is able to assist the parties in resolving their disputes economically and efficiently.
- Individual Controversies | Whether it is a dispute between neighbors, friends or families, Mr. Arney uses his education and broad experience to listen, inform and ultimately resolve the controversy.
