Mediation is the voluntary process in which two or more people involved in a dispute try to reach an agreement outside of court with the help of an impartial mediator. This is so that the people involved can generate their own solutions in settling their conflict. The mediators are often attorneys, although they may otherwise be doctors, teachers, therapists, police officers, or other professions. Unlike a judge who makes decisions where one person wins and the other person loses, mediation is about finding a solution that pleases everyone. Mediation is always an option if you are considering taking your dispute to court. Cases may be self-referred by anyone who is involved in the dispute or by counsel or judge.
The mediator’s role is to facilitate communication between the parties, not to provide solutions. Mediators do not advise, take sides or render any judgment. Instead, they will work with all the parties to help them reach a mutually beneficial resolution. Mediation is flexible and confidential. It allows you and your spouse a way to settle the conflicts you have in a way that helps you to work together as parents. This is very important if you have children and must interact with your ex-spouse after you divorce. Mediation brings communication between the couple, which then helps when they must discuss issues pertaining to the children. Lack of communication is very frequently one of the main reasons for the end of a marriage. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their marriage.
What the mediator does is assist the couple divorcing in concluding ideas, that can eventually lead to agreements that will make both parties happy. The open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same information, it usually takes far less time to negotiate a resolution that makes sense to both spouses. Mediation is voluntary, and it continues only as long as the couple wants it to. Mediations can be conducted weekly, every two weeks, monthly or how ever often the couple to meet up. This is your mediation and you decide everything in the process.