Mediation is an effective dispute resolution method that involves a neutral third party to help settle disputes between two or more parties. This third party helps to facilitate conversation between the parties, identify issues, and develop a solution that is satisfactory to all parties involved. The mediator acts as a facilitator to help the parties communicate more effectively and reach a resolution without a formal court process. Mediation is a cost-effective and time-saving alternative to litigation.
Mediation differs greatly as the resolution or agreement that gets reached is not given by the court or argued by attorneys; rather, it is the parties and mediator, that go over everything and decide what the parties would like to do in order to reach their own accord.
Depending on the dispute, mediation can vary from situation. Each session is an hour as it is a very impassioned process revealing emotions and feelings that parties need to process in order to reach a positive resolution.
Non-Marital and Divorce couples with children including parenting plans, financial agreements, and revisions to existing family and or financial agreements as well. Divorce without children. All financial agreements include property, support and maintenance if applicable.
Everything in mediation remains completely confidential with exceptions for child abuse, child neglect, sexual abuse for both minors and adults, and crimes committed.
The true answer depends on how sessions are booked or ordered. If parties have sought out mediation it is voluntary unless otherwise court ordered. Court ordered mediation is explained below in more detail. In either case, parties must be willing to listen and be open to solving their dispute, as the agreement they reach is what they want to make of it.
ADR (alternative dispute resolution) is key here as both parties can freely air grievances and come up with results that can later be presented to the judge, on their own terms, not the courts.
A mediator’s job is to sit and listen to both parties, all the while remaining a true neutral. This facilitates an open discussion on the issues and feelings both parties have regarding their dispute. Creating a non-litigious and non adversarial environment helps the parties reach an agreement that they are comfortable with.