Expert Sioux Falls Mediation

Sioux Falls Mediation

Dr. Earwicker's Mediation Services

Dr. Ben Earwicker provides expert mediation services, both online and remotely.

Meet the Experts

Dr. Ben Earwicker, M.Int.St., J.D., Ph.D., & Joshua Bruce Holmstead provide expert mediation & consulting to individuals, couples, businesses & organizations, drawing on their decades of experience with conflict resolution, mediation, employment law, education, and more. They have successfully mediated and adjudicated thousands of disputes through VirNet’s national private practice and administration of a state-wide mediation and law enforcement agency, the Idaho Human Rights Commission.

Why Mediate with Dr. Earwicker & Attorney Holmstead?

Ben & Josh’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. They know how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben & Josh have helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.

Contact Dr. Earwicker & Attorney Holmstead today, and lean on their expertise to help resolve your conflict.

Your Conflict Resolution Solution

Conflict comes in all shapes and sizes. But at its core, all conflict represents a huge drain of time, money, energy, and other resources. And even though your instinct may be to fight it out, costly legal battles and unresolved conflict can drag on for years with no end in sight.

The cost of conflict is enormous.

Think about the cost of your conflict. Even though you might be on the right side of the situation, there’s no guarantee you can convince the other party of that. In fact, conflict tends to polarize positions and make things even worse over time. Fighting to win is exhausting, and it eventually takes its toll.  

That’s where our mediation and consulting can help.

Done right, mediation offers a fresh perspective from a neutral third-party. With mediation, you can finally find a way through your conflict with a skilled facilitator who knows how to assist in a productive negotiation and the conflict resolution process. 

Use our expertise to get “unstuck.”

There’s nothing worse than feeling stuck in a conflict you can’t escape. Even if you have the means to fight it out in court or see the conflict through to the bitter end, it’s rarely worth it.

We can help.

Talk with us today about how our mediation services can help you move more quickly through your conflict toward resolution and settlement. 

Put this conflict behind you, once and for all.

Sioux Falls Mediation

Our Solution for your Conflict Resolution

Talk with Us About Sioux Falls Mediation

Our Sioux Falls mediation can save you time and money.

Mediation can be an effective, cost-saving way to resolve any type of conflict or dispute. Avoid protracted litigation and expensive legal battles with skilled mediation services. No matter how complicated the situation, mediation can help you find a way forward through conflict.

Mediation is a structured negotiation, facilitated by our skilled mediator. Through a series of conversations, conferencing, and strategic sessions, our mediator guides the parties involved in conflict through a process of purposeful discussion and negotiation.

Done right, mediation can break through impasse and generate momentum toward resolution and a negotiated settlement agreement.

Mediation is often the best way to amicably resolve conflict.

We all deal with conflict we didn’t ask for or deserve. And the instinct to push back and fight is a natural response. No one wins in a long, drawn-out conflict, though. And fighting on principle can be an enormous wast of time, money, and other limited resources.

Sometimes it’s best to take a step back and approach the situation differently. Mediation can help.

Professional mediation can help structure a negotiated solution to your conflict. And an experienced mediator can help the parties approach the conflict differently, moving everyone toward ultimate resolution.

Don’t let conflict take up any more of your time and resources. 

Contact us today to discuss our solution for your conflict resolution: Sioux Falls Mediation.

Sioux Falls Mediation
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Mediation in South Dakota

There are no state or federal certification requirements for mediation in South Dakota. That means that mediators can provide mediation outside of the courts with little or no experience. That’s why you want an experienced, credentialed mediator to help guide your mediation.

The South Dakota Unified Judicial System provides resources and information for mediators in civil courts throughout South Dakota, including a list of approved mediators in each of the court’s circuits. The State Bar of South Dakota also provides information for attorneys who mediate in South Dakota.

Ultimately, when choosing a mediator, you want to evaluate the mediator’s experience, credentials, and areas of expertise to make sure there is a good fit with you and the conflict you are trying to resolve. Contact us today to discuss our mediation services and how we can best meet your mediation needs.

How Much Will Mediation Cost?

Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.

Initial Consultation

Free No Obligation Consultation
  • 30 Minutes
  • Consultation covers the Nature and Extent of Conflict and Goals for all Parties Involved
  • No Obligation to Continue with VirNet Mediation
  • Discuss your Situation in Depth
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Hourly Rate

Contact
for Hourly Rates and a Custom Estimate
  • Competitive Rates
  • Total Hours Depend on Nature and Extent of Conflict
  • Billing can be Divided
  • Convenient Scheduling
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Frequently Asked Questions - Sioux Falls Mediation

What Does Mediation Look Like?

Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.

Do I Have to See the Other Party Face-to-Face?

In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.

Is Mediation Binding?

Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.

Do I Need a Lawyer to Mediate?

Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.

How Long Does Mediation Take?

The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.

Should I Just Mediate My Own Dispute to Save Time and Money?

Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.

Is Virtual Mediation as Good as In-Person Mediation?

Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.

Schedule Your Sioux Falls Mediation Today