What exactly is mediation, and why does it matter to you?
It’s neutral.
The mediator is an impartial third party not involved in the dispute. Because all parties in a mediation must trust that the mediator is committed to the process of reaching a mutually agreeable settlement, neutrality is critical.
It's a choice.
Even when forced into discussions with a neutral third party, people retain power over the outcome. Mediation differs from arbitration because it gives you more control over the outcome. The arbitrator, not the parties, makes the decision in arbitration once the parties have sent their dispute to a neutral arbiter.
It's personal.
It provides a safe environment for all parties to address their respective interests. In addition it helps them see how they are compatible with those of the other mediation participants. Confidentiality is usually handled explicitly in the mediation agreement that the mediator asks the parties to sign.
Consider asking your mediator to incorporate an express confidentiality agreement if your mediator does not have one. This clause usually applies to any materials prepared or discussions held throughout the mediation process.
It's a Method.
Mediation is a method for assisting parties in reaching an agreement that always entails determining what the parties actually value. Additionally, it is a method of finding ways to respect those values. The parties to a conflict are guided through a process that investigates viewpoints, solutions, and interests. Furthermore, in some instances, it formulates ways to continue growing the connection between the parties with the support of a third-party neutral.
What is the purpose of mediation?
It adds value.
Working through the process, the parties and the mediator frequently discover value that puts all parties in a better position than they would have been otherwise
It's a Low-Risk Situation
Everyone who attends mediation (even if they are forced to) has the option of agreeing or disagreeing with any settlement, and everything is kept totally confidential. That means there are few hazards associated with mediation outside of the time spent on it.
Because the persons involved have a say in the parameters agreed upon, a mediated agreement is preferable to a judge-directed resolution. People involved in domestic cases are frequently required by the courts to attend mediation and make a good faith effort to achieve an agreement.
Judges are well aware that they only see a sliver of the issues in a dispute inside the courtroom and that the parties themselves are well-versed in the details and context required to make informed decisions on the problems.
In family law proceedings, the issues discussed might be exceedingly personal. Most people find it easier to follow through on a deal established with the opposing side rather than one made unilaterally by the court. In some circumstances, multiple rounds of mediation may be required before an agreement on all concerns is reached.
It is unquestionably worthwhile.
A mutually agreed-upon settlement is an excellent method to end a family court lawsuit and open the path for a positive future relationship.