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Visit our new office at:
4718
Kutztown Road
Temple, PA 19560
Johnson
Mediation Services
Mediation is an informal, voluntary process
in which an impartial person, the mediator, helps people reach a
mutually satisfying agreement to a dispute. Mediation is different
from other forms of dispute resolution – especially litigation –
because the mediator does not impose a solution, but rather helps the
parties create their own solution to the dispute. The mediator is not
a judge, and he does not have the power to decide any issue or force
an agreement on the parties. Settlement may only occur with both
parties’ approval.
Mediation is flexible, creative and adaptable to almost any
dispute. The process varies from case to case depending largely
on the parties’ needs and the nature of the dispute. The mediator will
encourage creative thinking and brainstorming. Thinking “outside the
box” often results in settlements that further the interests of both
parties.
Since the parties create their own solution, mediation often includes a
remedy or relief that a judge cannot award. In court, remedies are
fixed by statute or rule of law, and they are often limited to the
award of a money judgment. In mediation, the parties can fashion any
remedy to resolve the dispute.
Mediation is non-binding. The emphasis in mediation is on
finding a solution satisfactory to all parties. However, if the
parties cannot negotiate an acceptable settlement, they can walk away
from the process and pursue litigation or arbitration. They may still
benefit from mediation by narrowing the Issues to be litigated.
Mediation can save time and money and avoid the emotional cost of
litigation. The mediation process may provide a quicker, less
expensive, and better solution than one imposed by a judge after
months or years of legal maneuvering.
Family Mediation
Family Mediation is not therapy or counseling.
Family Mediation is a process where a couple can work through the
details of their divorce in a safe and confidential setting.
Over one or several sessions, the mediator helps the parties focus
on the critical issues surrounding the divorce and helps clarify
the underlying interests of the parties. Some couples require the help
of other professionals. The Johnson Mobile Law Firm maintains referral
lists of therapists, clergy, and accountants familiar with the
mediation process.
The process culminates in a Memorandum of Understanding
which clearly sets to writing the details of the mutually arrived-at
decisions. The memorandum is the framework on which your lawyers or
the mediator will draft the marriage settlement and parenting agreements
that are then presented to the court for affirmation
Parenting Plans
Mediation is a way to plan for your children's
future in a private, confidential setting. Children are
reassured that they are loved when they see their parents working
together for their benefit, even in the midst of a divorce.
You know your children best, and therefore, you
should decide what is in the best interests of your children, not
a judge or other stranger. You are more likely to be satisfied with your own
parenting plan than with one that is imposed on you by the Court.
As an extra benefit, many parents report that
mediation helps to increase trust, improve communication and develop
the skills necessary to handle future disagreements.
Pre-Marital Agreements
Using premarital mediation insures that both
bride and groom have input into the pre-marital agreement, and that
they maintain equal bargaining power, with a balanced
discussion. The lawyer/mediator can then draft the agreement.
Individual attorneys can simply review the agreements with each party
in a fraction of the time and at a fraction of the cost.
The Johnson Mediation Services makes sure that
your pre-marital agreement suits your goals and needs, and that
it is completed as efficiently as possible.
Employment Disputes
Few things are more damaging to a business than
a dispute with an employee. A single major employment dispute can
erode substantial assets through legal fees and a potential jury
award. Similarly, a conflict with a key executive can devastate an
otherwise thriving company. The task of resolving the dispute can
distract and unnerve an otherwise strong and efficient management
team.
Mediation is effective in dealing with the
myriad of legal, factual and emotional issues that are present
in most employment disputes. It also provides a cost effective
way to negotiate mutually satisfying outcomes.
Congregational Mediation
Many conflicts within the church can be
successfully resolved with the assistance of pastoral and lay
conciliators. Some disputes are so complex,
however, that they require the involvement of well-trained
professionals. When this become necessary, the church should
carefully consider the background, training, and experience of the
individuals who may serve them.
Mediator David Johnson is an ordained clergyman
with extensive training in client centered counseling and facilitative mediation.
As such, he is sensitive to the needs of the Church and the individual
Christian. To find out if David Johnson can help you and your
church resolve difficult conflicts, please request our mediation
brochure.
Business Disputes
Litigation can weigh heavily on your firm's
bottom line. The expense of court in time and money has pushed
many companies to the brink of bankruptcy. However, the lose
of a quality client as a result of litigation can, in the long
term, be even more damaging.
Along with saving time and money, mediation can
preserve relationships because mediation emphasizes co-operation
between the parties, unlike litigation which forces the parties to
become adversaries. After mediation, the disputants often will
once again forge a business relationship.
Facilitation
Mediation techniques encourages
open communication and fosters creative thinking. A
facilitator can help you apply those techniques to both organizational
problem solving and goal setting. David Johnson is available to
attend your business meeting as a facilitator or a facilitation
instructor.
About
David Johnson, Mediator
Mr. Johnson is a mediator, lawyer and an ordained clergyman with
extensive training in mediation, counseling, and negotiation. As
a lawyer, he understands the law. As a clergyman, he values
integrity and the dignity of his clients. As a mediator, he
seeks to help people resolve their disputes without the emotional and
financial toll of litigation.
Mr. Johnson’s style of mediation is primarily facilitative.
Facilitative mediation stems from the belief that, with neutral
assistance, people can work through and resolve their own disputes.
With the facilitative approach, a mediation is structured only to the
extent necessary to allow the parties to communicate openly about
their wants and needs for resolving a dispute.
Mr. Johnson’s practice focuses on family law, estate and wealth planning, and
elder law. He offers conflict resolution services as a mediator,
facilitator, arbitrator, and dispute resolution system designer.
Johnson Mobile Law
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