- The Story
An Alternative to Going to Court
Mediation It is a voluntary out of court process where a neutral third party, the mediator, facilitates a structured discussion between spouses about the family and legal issues that arise from their separation.
The mediator can provide you with help generating proposals and reach an agreement on various issues such as child, parenting issues, support, equalization, and any other issue that you may choose to address in your mediation.
As a mediator, Dylan brings his expertise as a family lawyer to provide you with information about various aspects of the law, so that you can use that as a touch point for making decisions about your own family.
I can’t provide you with legal advice, but I can assist you if you need assistance in generating options.
These options will be informed by my understanding of the law, my experience in helping other families, as well as clinical research conducted on parenting, specifically, decision making, communication, and parenting schedules based on your child’s age and stage of development.
Mediation is an excellent way for families to resolve their issues, especially among other issues in a cost efficient way that does not destroy the underlying cooperation that is necessary to move forward and if you have children, to ensure that your your children are fully supported by both their parents. If you have children, it is crucial to ensure that they are not drawn into the conflict. And that you are able to use both of your strengths to help them going forward in the wonderful direction that they are, right, or something like that, because you put so much work into them already, that doesn’t change post separation.
In mediation, I worked very hard to ensure that the problems that you had during your relationship are at least buffered or do not continue post separation. And I use my experience to flag issues uh that and conflict that may come up based on proposals that you may generate.
Mediation is completely voluntary, and it is structured in a way that makes sure that there is uh to avoid power balances and to ensure that everyone is comfortable in the space. Sometimes mediation occurs when all everybody’s in the room, and we talk about it all together. Sometimes I do something called shuttle mediation, where I meet with parties one at a time, and I may go back and forth relaying information as needed.
The point is, is that mediation, while it does have a specific structure, namely that I am the person who helps you have the conversation, the process can be tailored to whatever your needs are, acknowledging that those may change over time, depending on the issues discussed and any recent events that may have occurred and things that happen in your separation.
I take a lot of time to make sure that the process feels good and is safe for everyone to talk about their worries, what things that they’re hoping for in terms of outcomes and specific things that they want. I don’t know something like that.”
An Alternative to Going to Court
Mediation is a structured process that helps individuals resolve disputes without the need for costly and time-consuming court battles. If you and the other party cannot agree on issues related to separation, divorce, parenting, or finances, mediation offers a collaborative way to reach a fair and lasting agreement.
Broadly, Dylan separates mediation topics into two categories:
a) Separation or Co-Parenting Issues
b) Asset/Division of asset issues
How Does Mediation Work?
Mediation is a voluntary process where a neutral third party, known as a mediator, facilitates discussions to help both parties reach a resolution. The mediator does not take sides, make decisions, or provide legal advice. Instead, they help guide communication and negotiation on issues such as:
✔ Child custody and parenting time
✔ Child and spousal support
✔ Division of property and assets
✔ Decision-making responsibility for children
You can choose mediation at any stage—before starting a court case, during a legal proceeding, or as an alternative to litigation altogether.
Benefits of Mediation
Mediation offers several advantages over traditional court proceedings:
✔ Faster Resolution – Mediation typically takes weeks or months, whereas court cases can drag on for years.
✔ Cost-Effective – Mediation is significantly less expensive than litigation, which involves high legal fees.
✔ Confidential – Unlike court cases, mediation is private, ensuring sensitive family matters remain confidential.
✔ Less Stressful – The process is more informal and focused on cooperation rather than conflict.
✔ Greater Control – Both parties shape the outcome instead of leaving decisions in the hands of a judge.
Types of Mediation
There are two types of mediation, and both parties must agree on which one to use:
Open Mediation
- The mediation process is not confidential.
- If the case goes to court, discussions during mediation can be referenced.
- The mediator may provide a report outlining resolved and unresolved issues.
Closed Mediation
- Discussions remain strictly confidential and cannot be used in court.
- The mediator cannot disclose details unless required by law, such as concerns for a child’s safety.
- This is the most commonly chosen form of mediation.
The Mediation Process
Step 1: Intake and Screening
Before mediation begins, the mediator meets separately with both parties to ensure mediation is appropriate and safe. This step also allows the mediator to assess power dynamics and determine the best approach for the sessions.
Step 2: Agreement to Mediate
Both parties sign an agreement that outlines:
✔ The mediation structure (open or closed)
✔ The issues to be discussed
✔ The disclosure of relevant financial or legal information
✔ The payment structure for mediation services
Step 3: Sharing Financial Information
If financial matters are being mediated, both parties must exchange financial documents, including:
✔ Income statements
✔ Property and asset details
✔ Debt and liability information
Step 4: Mediation Sessions
Both parties meet with the mediator to discuss their concerns and explore possible solutions. The number of sessions depends on the complexity of the issues, the willingness of both parties to compromise, and the level of communication.
Step 5: Reaching an Agreement
Once an agreement is reached, the mediator drafts a summary outlining the decisions. This document is not legally binding until reviewed and signed by both parties and their independent lawyers.
Mediation vs. Court Costs
Mediation is a more affordable alternative to litigation. Court proceedings involve lawyer fees, court filing costs, and potential trial expenses. Mediation, on the other hand, is typically charged per session, and some services are available on a sliding scale based on income.
Reduction in duplicative roles, real estate savings, scaled support of business, and capability improvement
Optimization of all goods not for resale, including demand reduction, consolidated spend, and capability improvement
Supply chain network optimization, with synergies across transportation and logistics
In addition to the aforementioned sources of value, our comprehensive analysis revealed additional avenues for Company to capture savings and generate synergies. These included leveraging capability transfers to optimize operational efficiency, rationalizing IT infrastructure to eliminate redundancies, increasing market penetration of own-brand products, capitalizing on cash benefits from disposals, and improving working capital management.
Furthermore, the merger provided Company with enhanced buying power through the combined volume benefits from shared suppliers. This advantage led to a reduction in the cost of goods sold (COGS), further contributing to overall cost savings.
Through our diligent efforts, we identified hundreds of millions of dollars in cumulative synergies that Company could capitalize on following the merger. The company has successfully reinvested a significant portion of these savings into strengthening its brands and fostering continued growth and success.
A closer look at one critical consolidation
One significant aspect of the transformation involved the consolidation of the IT organizations of both companies. Prior to the merger, these IT departments had underperformed and lacked prior experience in managing such complex integration processes.
To effectively execute this change, our team assisted Company in establishing an Integration Management Office (IMO). The IMO played a crucial role in developing a series of deliverables, updates, and a roadmap for their implementation. Working collaboratively with our team, the IMO identified the key processes that required redesigning and formulated a plan for their sequential and cohesive implementation.
Over the course of several months, we guided Companyin defining a new global IT operating model. This involved merging the two IT organizations into a unified function, while also establishing clear roles for regional and global Chief Information Officers (CIOs). Remarkably, Company was able to launch these new processes and teams ahead of schedule, all the while ensuring uninterrupted business operations for its customers in its stores.
By successfully implementing these IT changes and streamlining the organization’s IT function, Company was able to enhance operational efficiency, improve system performance, and leverage technology to support its overall growth strategy.
The power of scale in M&A
Our involvement in supporting the Company merger extended over a comprehensive three-year period, encompassing activities ranging from pre-merger due diligence to post-closing strategy. However, it was during the crucial phase of merger integration that Company began to experience the tangible benefits that result from successfully executing a meticulously planned merger, particularly within the retail industry.
Through the implementation of a new operating model and the consolidation of its organizational structure, Company achieved significant cost savings, precisely as planned and within the designated timeframe. The company successfully attained its synergy savings target, equivalent to 1% of sales. Notably, 14% of these savings were derived solely from IT-related initiatives, underscoring the impact of the IT integration efforts.
Today, Company stands as a prime example of a retail company that has harnessed the operational efficiencies and bolstered competitive positioning promised by the initial merger thesis. The organization has realized the full potential of scale, ensuring a strong foundation for sustained growth and continued success in the dynamic retail market.
* We take our clients’ confidentiality seriously. While we’ve changed their names, the results are real.
