Mediation

Attorneys often serve as mediators in disputes, bringing their legal expertise to a neutral, facilitative role that helps parties resolve conflicts outside of traditional courtroom litigation. Unlike when acting as advocates for one side, an attorney-mediator remains impartial and does not represent or advise either party individually. Instead, they guide the process to encourage open communication, mutual understanding, and voluntary agreements.

Civil Mediation Services

Jack H. Hieb provides mediation services related to a variety of civil matters, such as contract disagreements, personal injury claims, business conflicts, property partitions, or employment issues.  Jack leverages his deep knowledge of the law, evidence, and court room experience to assist litigants effectively. Mediators:

• Facilitate structured discussions in a confidential, informal setting.
• Help parties identify core issues, interests, and realistic options.
• Provide neutral legal information (e.g., explaining relevant statutes, case precedents, or procedural realities) without giving personalized legal advice.
• Use techniques like shuttle diplomacy (private caucuses with each side) to overcome impasses, reframe positions, and explore creative solutions.
• Promote settlements that are often faster, less expensive, and more satisfying than prolonged trials, giving parties greater control over the outcome rather than leaving decisions to a judge or jury.

This approach reduces adversarial tension, preserves business or personal relationships where possible, and frequently leads to mutually acceptable resolutions that avoid the uncertainty and costs of litigation.

Family Law Mediation Services

In family law matters—such as divorce, child custody, parenting plans, child support, spousal support/alimony, property division, or paternity disputes—attorney-mediators are particularly valuable due to the emotional complexity involved. Many skilled family law mediators are experienced attorneys who understand the legal framework, including state-specific guidelines on asset division, support calculations, and best-interest standards for children.

They help litigants by:

• Creating a safe, non-combative environment to discuss sensitive topics like co-parenting or financial needs.
• Explaining legal concepts (e.g., equitable distribution rules or child support formulas) to both parties equally, enabling informed decision-making.
• Focusing on long-term family well-being, especially when children are involved, by encouraging solutions that minimize ongoing conflict and support cooperative relationships.
• Assisting in drafting clear, enforceable agreements that can be submitted to the court for approval, often resulting in quicker finalization than contested hearings.

Using an attorney as a mediator in family cases offers advantages over non-lawyer mediators, as their legal background helps parties evaluate proposals realistically and avoid agreements that might later prove unenforceable or unfair under the law. Mediation is required by many South Dakota circuits in family disputes before court proceedings escalate, highlighting its effectiveness in reducing court burdens and promoting amicable resolutions.

Stacy M. Johnson and Christi M. Weideman provide mediation services for parties involved in family law disputes.  Call 605-225-6310 for rates and availability.