The Mediation Process
Mediation is a system that utilizes a neutral third party to assist in resolving conflicts.
Mediators are unbiased professionals who guide the conflicted parties through a structured negotiation process.
They provide a safe, neutral environment in order to promote effective communication. Mediators do not dictate
the settlement, rather assist the parties in reaching their own mutually agreeable solution.
Benefits of Mediation
The decision is yours.
Who better to make decisions about your life than you? Mediation puts the power back in your hands as opposed to a decision made by a judge. This way it is fair for all parties involved. Since you are part of the solution, you are allowed to develop an agreement that suits your situation best.
It’s fair and neutral.
All parties have an equal say in the process and they, not the mediator, decide the terms of the settlement. There is no determination of guilt or innocence in the process. Both parties agree to working through the mediation process. Therefore, the process doesn't become a success until both parties can agree on a situation that is beneficial for all parties.
In comparison to litigation, mediation takes less of a strain on those involved in terms of money, time, and emotional strife. The mediation process can take as little as a few hours in comparison it's courtroom counterpart that can take many years to fully settle.
It’s private and confidential.
Divorce is never an easy process, especially when it comes to the opinions of others. The mediation process is fully confidential and no statements discussed within your sessions can be held against either party in a courtroom setting (excluding: violence and unreported abuse). This confidentiality allows you to be open and honest. This leads to decisions and creative solutions that benefit both parties, while also bringing light to any hidden agendas.
It's a Marathon, Not a Race
When it comes to litigation there is always a winner and loser. Mediation aims to take that competitive edge and switch towards the sense of accomplishment that both parties can feel at the end. We aren't going to lie, each mile can hurt, but in the end both parties will come out with their own personal victories.
Mediation works because it:
Is collaborative rather than confrontational.
Allows the parties to decide the outcome.
Encourages creative remedies that the parties draft themselves.
Lets quiet people speak and talkative people be quiet.
Allows parties to decide on their outcome on their own accord rather than leaving it in the hands of a judge. (Does this work for both of the reworks?)