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1221 West Chester Pike · West Chester, PA 19382  
Phone: 610-692-8461 · Fax: 610-430-6689  
lamb@chesco.com · info@madelinelamb.com







I am a lawyer who has devoted her professional life to the practice of Family Law.

I have an undergraduate degree from Duke University and a J.D. degree from Villanova University School of Law.

Since 1978, I have passionately sought resolution of cases without going to court; however, some cases did end up in court. Despite good intentions of both lawyers and clients, the results often were not what was best for the family involved. This was not the fault of the person trying the case, whether it was a judge, a master, a hearing officer, or a conciliator, but rather a fault of the system that is not able to craft the right solution for each particular family because of time constraints, statutory constraints, and economic constraints. I have been fortunate to practice in a county where the quality of decision makers is excellent—a fact that has made litigating my cases more pleasant.

Several years ago, I attended training sessions to be certified as a mediator. I have been acting as a mediator, but only as a small part of my business. As of July 1, 2002, I am going to accept mediation clients. The reason—my years of experience have taught me there is "a better way."

What is the name of your business?

A Better Way.

What is mediation?

Mediation is a voluntary, cooperative process in which the parties work toward resolving their own disputes in a private setting with assistance of a trained and impartial mediator. The mediator serves as a guide to the parties during their negotiation efforts. The mediator guides the parties in communicating effectively, gathering and analyzing information, defining issues, generating alternatives, exploring consequences, and reaching agreements acceptable to both parties. The mediator drafts an agreement that reflects the understanding of the parties. The mediator does not make decisions or create agreements for the parties; the parties are responsible for the terms of their own agreement.

Do I also need a lawyer?

I will always encourage parties to have a lawyer during the course of mediation or at least have a lawyer review the final agreement. You will also need a lawyer to process the final divorce papers, which is a simple thing to do once a property settlement agreement has been signed.

What does it cost?

My fees are $200.00 per hour. The parties pay at the time of each visit. You may purchase from 1 to 35 hours in a block of time. Usually the first visit should be only one hour to familiarize you with the mediation process. After that, you may reserve as much consecutive time as you want up to one week.

Do I need to bring anything to the initial meeting?

You do not need to bring anything to the initial meeting. There will be a specific list of things that you will need to bring to future meetings or to send to me prior to the next meeting.

How many meetings must I attend?

This is strictly up to you and your partner. Since you pay as you go, there is no commitment to make an appointment for another meeting. The mediation process is strictly in your and your partner's hands. If I feel that after several meetings there is little progress, I will advise both of you to seek individual lawyers and continue the process with their assistance. Hopefully, you will have not wasted time because we will have developed much of the information that your lawyers will need in order to proceed with the case.

What types of matters can I bring to mediation?

Anything that has any relevance to family law may be brought to mediation. Some of the things that can be mediated are the following:

  • Support
  • Custody
  • Divorce
  • Alimony
  • Equitable distribution of property
  • Payment of counsel fees
  • Continuance of insurance coverages
  • Prenuptial agreements
  • Enforcement of property agreements
  • Enforcement of court orders
  • Any dispute that relates to a family law matter

What if my partner does not want to mediate?

There is no answer to this question other than to try to convince your partner to come to at least one session to see whether or not it might not be a viable alternative to the adversarial process.

Do I have to sit in a room with my partner for hours?

No. I have to sit in a room with your partner for hours. In reality, there will be many times when I need to speak to both of you at the same time. However, it is possible to conduct a mediation with parties under the same roof but in separate rooms. I will not accept mediations if there has been a Protection from Abuse Order entered, and one party has been ordered to stay away from the other. Parties desiring to proceed with mediation in this instance should get a special order from the court to do so.

Are children ever brought into mediation?

There may be times, especially in custody matters, when I would want to see the children. Usually this depends on the age of the child or children and the custodial issue being mediated.

What if there is information that is not in the possession or control of either one of the parties?

I have a number of resource people with whom I have worked over the years such as accountants, actuaries, real estate appraisers, psychologists, and other professionals to whom we can all turn to for advice or answers if it is beyond the scope of the three of us to resolve.

Will I feel any better about the divorce or family law situation in which I am involved if I mediate rather than litigate?

Mediation does not take away any grief or pain that is caused by separation and divorce. It does provide a faster and cheaper way to resolve issues if both parties are committed to the process. The most important benefit of mediation is that both parties have input into the final decisions. Agreements can be sculpted to fit the particular situation of a family rather than having to fit the family problems into some statutory framework. I may be sentimental, but I also believe that by mediating, the parties, in effect, are able to maintain more of their self esteem because having the power to make these decisions and control the outcome to some extent helps not only the individual feel a sense of worth but also helps the individual to see his or her partner as more worthy for undertaking the process. Also, as many of my clients have heard me say, the better the parties are able to communicate and work out solutions to problems between themselves, the better chance that the children will be healthier and happier and that the family, although not intact, will be able to move more easily and happily through all of the milestones of life, such as graduations, weddings, birthdays, holidays, and all of those events which tend to bring a family together.

Do you think my goal is too lofty?

I never saw a mountain I did not want to climb.



 



1221 West Chester Pike · West Chester, PA 19382  
Phone: 610-692-8461 · Fax: 610-430-6689  
lamb@chesco.com · info@madelinelamb.com  


 

There Is a Better Way . . . Mediation



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