Mediation: A Fair NegotiationWhat is Mediation?
Mediation is a private process in which an impartial person, (a mediator) encourages and facilitates communications between parties to a conflict and strives to promote reconciliation, settlement, or understanding. A mediator’s obligation is to assist the parties in reaching a voluntary settlement. A mediator does not act as a judge, an arbitrator, a counselor, or an advisor to the parties. A mediator does not render a decision on the issues in dispute. The primary responsibility for the resolution of a dispute rests with the parties.
An attempt at mediation is required in many counties before parties to a family law dispute may have a hearing before a judge that will take 3 hours of more.How long will mediation take?
Mediations can be as long or as short as the parties determine is necessary to negotiate a full and fair agreement regarding their dispute. Generally, mediations will be set for half-day or full-day sessions. The sessions are set appropriately, considering the complexity of the issues involved. If, after your session is complete, you and the opposing part wish to continue discussions further, you can re-schedule for another half-day or full-day session to continue working toward settlement.What is the value of mediation?
The most significant value to mediation is that it gives the parties complete control over the outcome of their dispute. The parties can fashion a creative settlement that fits their unique goals, lifestyles, values and needs. The parties can be, and are encouraged to be, as creative as possible in fashioning an order that they will be able to live with indefinitely. Instead of going to court, where a judge imposes a decision on the parties after a few hours, in mediation the parties create an order that considers all the important factors.