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What is Mediation?


Mediation is a form of dispute resolution that offers an attractive alternative to divorce litigation. Instead of the two individuals battling it out in front of a judge, the parties come together to jointly work through the issues to resolve their divorce, such as child custody, child and spousal support, equitable distribution and other reights and responsibilities.  The mediator is specially trained to help the parties work through their differences and serves as a facilitator in bringing the parties together to find a workable resolution.


The mediator will help the parties communicate directly with one another or serve as a conduit for communication between the parties.  The mediator does not represent one individual or the other, but instead is tasked with helping the parties reach a resolution that satisfies both sides. The result of a successful mediation is a written agreement, drafted by the mediator, that is later submitted to the court and incorporated into the Final Order of Divorce.


Why mediate?


Although mediation might not be appropriate for every couple in every instance, mediation most often offers significant advantages over traditional courtroom litigation of divorce or child custody.



Mediation is More Efficient


Court dockets are crowded and in most jurisdictions Parties will wait months, if not a year, to get a trail date even if they have been separated for the required period of time.   The nature of litigation itself is also time-consuming, often requiring detailed discovery like depositions, requests for production of documents, interrogatories, subpoenas and other methods of time consuming preparation.


A mediation, on the other hand, can be scheduled as soon after the date of separation as the parties and the mediator desire to schedule it.  The mediation itself may take as little as half a day, to a couple of days, depending on the complexity of the issues and the willingness of the parties to work together.



Mediation is Cost Effective

Since mediation is a more expedient process, the parties generally incur less fees in coming up with a resolution and a fully executed Marital Settlement Agreement.  Processing the divorce thereafter is simple, low cost process where parties are able to avoid the fees associated with the litigation process, discussed above.  In Mediation, the parties often share the cost of the mediator.



Mediation Meets Both Parties’ Needs

 In litigation, each side often stakes out a position and the process is very adversarial.  Often the judges does not satisfy either Party.   In mediation, the process is one of Self Determination, whereby the mediator encourages the parties to put aside opposing positions and instead focus on their interests and needs.  Most of the time, the Parties, with the Mediator's encouragement, are able to fins a resolution that meets both of their needs.  The job of the mediator is to help the parties find that common ground and fell good about their decisions, in the best interest of their family.




About our Supreme Court Certified Family Law Mediator




Kristen Manos Kalina, Esq. is an attorney practicing in family law and family mediation. Kristen is an active member of the Virginia Bar and is also Certified in Mediation Practice by the Virginia Supreme Court. Kristen practices family law in the area of divorce, child custody, child support, spousal support and premarital agreements. She also currently serves as a court appointed mediator in the Frederick and Clarke County Juvenile and Domestic Relations District Courts, mediating a wide array of family law cases, as part of her practice. Kristen has 10 years of experience in practicing family law. In her mediation practice she has mediated over 150 family law cases.


Kristen began her career negotiating state and federal regulations in a mediation-style format with various federal agencies. She worked in Ohio as General Counsel for a state-wide trade association representing the petroleum industry and then moved her practice to the DC Metro area in 1997 to become Regulatory Counsel for a nationally recognized petroleum trade association. She practiced primarily in the area of Regulatory-Negotiation (“Reg-neg”) and regulatory Compliance, representing business clients in their negotiation and compliance efforts with the Environmental Protection Agency, The Department of Transportation and the Department of Interior.

Kristen Kalina

Family Law Attorney,

Supreme Court Certified Mediator

In 2010 Kristen began practicing family law in Northern Virginia, representing clients in various family litigation matters. She quickly realized that it was often in the best interest of the family, especially the children, to find a swift and reasonable resolution to the issues surrounding divorce, including custody and support. She began focusing on negotiating uncontested divorce agreements for her clients as a primary focus of her practice. Shortly after beginning her practice in family law she also became a strong advocate of the mediation process and sought her Supreme Court Certification.


Kristen attended The Ohio State University where she received a bachelors degree in Political Science. She attended Capital University Law School where she was a member of the Law Review. Kristen is licensed to practice law in Ohio (currently inactive) and Virginia. Kristen lives with her husband, two daughters and her horses in Western Loudoun


Education:
  • Ohio State University, B.A. Political Science, 1989
  • Capital University Law School, J.D.
  • Law Review member, 1992

Certifications
  • Virginia Supreme Court

Affiliations
  • Loudoun County Electoral Board, Chairman
  • Loudoun Youth, Inc, Board Member


THINK MEDIATION IS RIGHT FOR YOU?

Email me to book a no-cost 15 minute phone consultation about your mediation matter.


kmk@novamediation.com

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