The Mediation Process

Mediation

Mediation is a process in which a trained neutral person, a “mediator,” helps people in a dispute to communicate with one another, to understand each other, and if possible, to reach agreements that satisfy everyone’s needs.

  • A mediator can help you to reach agreements, build relationships and find solutions that work.
  • In mediation, you speak for yourself and make your own decisions.
  • Mediators will not make decisions for you, provide any legal advice, or recommend the terms of an agreement.
  • Mediation can help protect your privacy since, unlike courtroom proceedings which are open to the public, mediation is a confidential process.

Article on Mediation by Jolie Weinberg

Court Ordered Mediation

  • Mediation may save you time and money.
  • Mediation provides an opportunity for you to say what’s important to you and hear the other person’s perspectives.
  • Mediation may help you figure out how to get your needs and the other person’s needs met by reaching creative, customized solutions that work for everyone.
  • You have decision-making power in mediation, and you know what your needs are better than any judge or jury.
  • Many business disputes, family conflicts, neighborhood disputes, and one-on-one issues can be effectively resolved in mediation.
  • Even some criminal and juvenile justice cases are better handled in mediation than in court, especially if the people involved have an ongoing relationship.
  • Mediation may help preserve or improve troubled family relationships.

Benefits of Mediation

Mediation is not about winning or losing, but rather, about having an opportunity to identify solutions that work for everyone:

  • Agreements made in mediation come from participants, not the mediator.
  • Participants in mediation may choose to sign a written agreement which is enforceable as a contract.
  • If you do not reach an agreement or develop a solution that works for everyone, you can still have your case handled by the court or resolved in some other way.
  • If you do not sign a written agreement in mediation, and you decide to take your dispute to court, neither the mediator nor the participants can testify in court about what happened during the mediation.
  • You can’t “lose” in mediation.

Statistics clearly show that over 90% of divorces are settled with reasonable fairness and outcomes for both spouses according to the laws of our state. The reality of our legal system is that it costs a lot of money and takes a lot of time. In mediation, you can possibly achieve the same results for less cost, time and aggravation.