Professional Mediation Services
Family cases are most often and best resolved out of Court. In many cases, the best method for resolving the issues facing a family is through mediation. Attorney Nagi is an experienced negotiator and mediator, having guided numerous clients through the mediation process. Laura Castillo Nagi is a Virgin Islands and a Florida Supreme Court Certified Family Mediatior who is hired both by attorneys representing parties in litigation and directly by couples as their selected mediator to assist them in resolving their case.
For Attorneys
Attorney Nagi brings over 20 years of high conflict litigation experience combined with immersive training in high conflict mediation, family mediation and transformative mediation. Attorney Nagi’s experience in high conflict matters, along with her training in transformative or interested-based mediation, allows her to guide your clients to creative solutions and more effective outcomes. Equally important is that Attorney Nagi’s many years of litigation experience means that she understand the law, the issues and the process, which gives her the ability to hone in on the issues and reach resolutions faster.
LET US HELP YOU achieve creative and effective results for your clients through the mediation process.
For Couples
Couples are strongly encouraged to seek the legal advice of outside counsel in preparation for settlement negotiations. Each party having their own adviser to help them prepare for mediation, understand their rights and obligations according to the law, and develop strategies for getting the best possible negotiated outcome yields the best result for both parties.
Before any mediation takes place, it is essential that both parties have completely laid all of their financial cards on the table. Full, mandatory disclosure is an essential part of any family law case, and failure to make complete disclosure is grounds to invalidate any agreement that is reached. If children are involved, the parties will need to develop a parenting plan. An analysis will need to be made of the parties’ relative financial situations, and whether alimony is appropriate.
Mediation is highly effective because often times you can accept a proposal given you by a neutral third party that you would never consider if it came directly from your soon-to-be former spouse. At a mediation conference, the mediator explains the mediation process and sets out some guidelines for the conference. The mediator then outlines the issues that need to be resolved with the parties. Sometimes, an entire mediation takes place with the two parties in the room together at all times. More common, however, is separating the parties in two separate rooms, allowing the mediator to convey proposals back and forth. This separation, also known as “caucus,” allows the parties to speak candidly with the mediator without fear of how the other side will react to what they are saying. This type of “shuttle diplomacy” is highly effective.
Mediation levels the playing field for spouses who would otherwise not feel that they have equal bargaining power. For many clients, this is the most desirable way of resolving their case. Mediation can be broken up into a few sessions of 2-3 hours or can sometimes be accomplished in one longer session. At the end of the mediation, an agreement is drafted. It can be signed at that time or after each party has had a further opportunity to consider it and perhaps have it reviewed by their attorney.
The final step in any family law matter, even if a settlement is reached out of court, is having a Final Judgment entered by the Judge. If you’re represented by an attorney, the attorney will usually handle the entry of the Final Judgment.
Benefits
1. Cost-Effective: Mediation typically incurs much lower costs than court proceedings, making it an excellent option for parties seeking to minimize expenses.
2. Time Effective: The mediation process is often much faster than the litigation/court process. This allows parties to resolve disputes promptly and move forward.
3. Preserves Relationship: Mediation allows parties to move forward without destroying relationships. Open communication and collaboration are keys to the mediation process. Adversarial court battles and prolonged litigation usually end up deteriorating or destroying relationships.
4. Control and Flexibility: Parties have greater control over the process and outcome in ADR, allowing for tailored solutions that meet their unique needs
5. Confidentiality: The mediation process is private, ensuring that sensitive information remains confidential and out of the public domain.