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What is mediation?
Mediation is a process in which the divorce speculation or separated couples meet independent, neutral person facilitates communication and problem solving until agreement is reached. It is a voluntary process that allows parties to craft their own settlement, rather than fighting against each other and have decisions imposed on them by the judge or magistrate who probably do not have time to learn the fine details of the issues at hand. Mediation is less formal than litigation, is confidential, but the trial, and is generally more satisfying to the party because they have created their own solutions.
Often parties have been arguing for so long that it has become difficult, if not impossible, for them to see the solution. They have become so attached to a black and white perspective of win / lose they overlook all the shades of gray in between.
Mediation is designed to study these shades of gray for possible solutions. In mediation, the parties, not the mediator, decisions. What makes a mediator to help the parties to set the agenda for the mediation, and to identify and explore the many issues that can lead to divorce, separation, and child-related issues to be so difficult and emotional.
How does mediation work?
General mediator will begin by meeting with both parties together to explain the mediation process, establishing the ground rules for the meeting and hear initial statements from each party. This will help to identify problems and issues, clarify the needs of the party, and keep the parties focused on the general interests and needs rather than any specific agenda they feel included.
there may be times when the mediation the mediator will meet with each party separately. Called “Caucus,” this type of meeting can be used to allow people to express themselves more openly, exploring the possibility they do not feel comfortable to see the joint meeting, addressing non-productive behavior, clarify information or give the parties time to think away from other parties.
Can Share If we do not have?
members do not get along or even be particularly friendly to successfully communicate their issues. Mediator can help diffuse emotions and anger that are so often associated with relationship, financial and child related issues. And because mediation is a voluntary process, it is possible to stop any participants or mediator feels that the process is unproductive.
Will the mediator advise me on my right?
It is important to understand that mediation is not the practice of law. Mediators come from many different backgrounds. Some mediators are lawyers who have special training in mediation. While attorney mediator could provide general legal information, s / he is working as a neutral mediation, but not as a lawyer or legal advisor. The lawyer mediator not
o represent visual participants in the proceedings their
o provide legal advice or provide legal advice to the parties their rights and obligations, or
o predict how the court could rule on specific issues
server does not eliminate the need for lawyers. it simply changes their role adversary against the other party to be adviser for each party. Parties are encouraged to at least have a final agreement reviewed by an attorney and / or financial advisor (for credit agreements) before signing it.
What are the advantages of mediation?
Mediation often provides a quicker, cheaper and more satisfying solution to the financial and child related issues associated with divorce and separation. Resolving these issues through mediation from the beginning gives the parties an ongoing basis to address and resolve child-related issues that arise in the future. When parents resolve issues and maintain long-term cordial relations, children are often better able to deal with divorce and separation.
Because nobody knows the issues in a particular case better than participants parties themselves are in the best position to find solutions that best address their interests and needs. Have worked together to craft an agreement that is mutually satisfying, members are more likely to comply with the agreement and less likely to maintain hostile feelings for each other and the agreement in the future.
© 2008 Mary Wollard, JD, Family Solutions Center, LLC
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