Mediation is an effective way to solve legal disputes. Mediation is increasingly gaining popularity due to its effectiveness, and courts are using it more in processing cases.
What is mediation?
Mediation is one form of alternative dispute resolution (ADR.) In many states, the court orders mediation before a couple is allowed to request a jury trial. In these cases, the judge asks that the parties attempt to mediate their issue, not that they reach an agreement through mediation. The parties can attend mediation, decline to agree to a settlement, and continue the litigation process through the courts.
On the other hand, mediation is a private form of alternative dispute resolution outside of court. Anyone can hire a mediator to help people solve disputes, from breaches of contract to divorces and child custody issues and spousal maintenance. So, while mediation has become a part of the court system, it remains a private process.
What is the role of the mediator?
The role of a mediator is to facilitate a conversation between the parties in conflict and to help them identify the underlying issues. Mediation is non-adversarial and beneficial when parties want to preserve the relationship. The mediator’s role is not to make decisions for the parties and acts as an impartial third party.
What are the benefits of mediation?
Mediation is a private, fully confidential process, much faster than going through the court system, cost-effective and less time-consuming.
Is an attorney necessary for mediation?
Most people hire or bring their attorneys to negotiate on their client’s behalf. Attorneys have negotiation skills that can help the parties get the most out of the mediation. Especially in high-conflict cases, attorneys can help by communicating with the mediator on behalf of their client.
How does mediation take place?
Mediation is flexible and can take place in various formats. For example, in high-conflict cases, the mediator may physically or virtually separate the parties into separate rooms. Sometimes the mediator will negotiate privately with the parties’ attorneys. The attorneys will then confer with their clients and find a solution to the conflict.
Mediation aims for the parties to settle their disputes with the other party in a non-adversarial way and reach a settlement that works for both.