What is Mediation?
Mediation is the most common option of "alternative dispute resolution." The primary goal is to maintain a civil relationship throughout the entire negotiations process, including after an agreement has been reached. Generally, traditional mediation occurs when both parties have hired their own attorneys, but they each wish to avoid going to court and reach a fair settlement with the help of a neutral third party, called a mediator. Mediators are specifically trained with resolution techniques that help them identify and resolve issues between parties or individuals, however, mediators cannot give legal advice and are not a substitute for lawyers. Each have specific roles. The mediator's role is to help spouses communicate and reach agreement while the lawyer's role is to ensure his client's legal rights are protected. In mediation, each spouse is responsible for his or her attorney's fees as well as the fees of the mediator. In the event that mediation is unsuccessful, the parties can proceed through the court system, and have not waived any rights they ordinarily have to present their disagreements before a judge. The mediation process is confidential, and anything that happens or is said during mediation cannot be used against either party in subsequent litigation.
How Can Mediation be Beneficial?
Mediation is advantageous because the parties can choose to communicate directly rather than through third parties. Each party hears the other party's concerns and, with the assistance of a neutral mediator, may accommodate those concerns without unnecessarily compromising their own interests. Furthermore, mediation is confidential. It allows spouses to avoid court interference, keeping their personal information out of the public record. They are able to reach a positive agreement that is more personalized than orders they may receive from a judge. Mediation is almost always less expensive and time-consuming than full blown litigation. It allows parties to avoid court fees, excessive attorney's fees, shortens the duration of the process, and allows parties to creatively make decisions for themselves and their families, rather than having unworkable orders imposed on them by the court. Emotionally, staying out of court can be more valuable that people realize. When parties litigate issues before a judge, they essentially testify against the other person. Protecting against the harsh emotional reality of litigation and preserving a congenial relationship as much as possible is priceless when it comes to parties recovering and reaching the next best stage in their lives.