Mediation is a private, voluntary process for resolving conflict outside of litigation and the courtroom. The mediator does not take sides, and does not impose decisions on the parties. Rather, the mediator encourages collaboration and facilitates discussions between the parties to help them make their own decisions about how to best resolve their conflict.
The Benefits:
Some of the advantages of mediation include:
- Control. The parties decide for themselves what is best for their situation, allowing them to craft solutions that are tailored to their unique situation.
- Privacy. The parties meet with the mediator in a private, comfortable setting that encourages a collaborative, non-adversarial experience.
- Collaboration. Because the approach is collaborative rather than adversarial, mediation allows for a result that satisfies both parties’ needs without pitting one against the other.
- Timing. Mediation proceeds according to the schedule that the parties choose. The parties are not held up waiting for scheduling on court calendars.
- Savings. Mediation is much less expensive than litigation. The savings result from direct communication and voluntary full disclosure among the parties and the mediator, without depositions, court conferences, motions or other procedural steps that require many hours of work by each party’s attorney.
- Communication. In addition to resolving the issues being faced, mediation can create a new dynamic that improves future interactions. This can be particularly valuable for couples with children who will continue to communicate regularly as co-parents after a divorce.
- Satisfaction. Because mediation encourages each party to fully express their views, and because it allows the parties to control the outcome of their dispute, people are more often satisfied with the process and results of a mediated, rather than litigated, settlement.
The benefits of mediation described above make it a good choice for resolving conflicts where the parties have a family or interpersonal relationship that could benefit from a non-adversarial approach.
Examples of the types of conflicts that may be resolved through mediation include:
- divorce
- co-habitation agreements
- separation of unmarried couples
- post-divorce conflicts
- neighbor disputes
- estate settlements
The Process:
As a mediator, my role is to guide you through the steps described below and help facilitate a productive discussion that can lead to resolution.
- Determine the Right Process. We start with a discussion to help you better understand how mediation works and how it compares to the litigation process in order for you determine if mediation is right for you.
- Gather Information and Identify Issues. If you agree to proceed, we gather information about your situation and identify decisions you have already made and issues that remain. I can help to make you aware of the topics that need to be addressed.
- Discuss Issues. We then discuss the open issues, working to identify and understand each of your needs and interests. Having a better understanding of each party’s needs clears the way to creative solutions.
- Identify and Evaluate Options. With a full understanding of everyone’s interests, we brainstorm options and then evaluate to see which best meet your needs.
- Make Decisions. Once we have explored all of the possible options, you are then in a position to make decisions that are the best solutions for your situation.
- Formalize Agreement. If you desire, I can draft a legal and binding agreement to reflect the decisions you have made. In a divorce case, the signed agreement can be used as the basis for filing divorce papers.