What is the mediation process?
Mediation is a process for negotiating and resolving conflicts with the help of a neutral third party. Unlike in litigation or trials, decision-making rests in the hands of the parties in mediation, rather than at the discretion of your attorneys or a judge. A professional and skilled mediator offers a structured process to help you identify issues, obtain necessary information, break through impasses, and ultimately, reach mutually acceptable and binding agreements. Mediation is voluntary and confidential. It is generally concluded in a fraction of the time of litigation, with substantially lower financial and emotional costs. Mediation keeps you in control of your future.
The mediator uses techniques to guide the process in a constructive direction. This helps the parties find an optimal solution for everyone. The mediator facilitates and manages the interaction between parties for open communication. They use various techniques to open and improve dialog and empathy between the disputants. This is an alternative dispute resolution to negotiate a settlement between parties. With a more peaceful and internationally accepted solution to end the conflict.
The Benefits of the Mediation Process
Cost: The mediation process generally take less time than going through the legal channels. A case with a lawyer in court can take months or years and mediation happens much more quickly. Taking less time means spending less money.
Confidentiality: Court hearings are public, and mediation is strictly confidential.
Control: Mediation offers control to the parties over the resolution. In a court case, the judge or jury makes those decisions. Mediation is much more likely to produce results that are mutually agreeable.
Compliance: Results that are attained by the parties working together that are mutually agreeable tend to have a much higher compliance rate. This also reduces costs because no one has to hire an attorney to enforce compliance with the agreement.
Support: Mediators are trained in working with difficult situations. They act as a neutral facilitator and guide you through the process. They help you think outside the box for possible solutions.
What happens in the mediation process?
- Establish rapport and mutual expectations
- Identify and clarify issues
- Gather and clarify information
- Generate options
- Negotiate solutions
- Reality-test and refine solutions
- Record the Agreement in writing.
Read more about the 7 ways your spouse might agree to mediation.