Mediation is assisted communication to reach an agreement.
The Key Aspects of Mediation:
• Voluntary – You can leave at any time for any reason, or no reason.
• Collaborative – Because you are there to reach a resolution, participants are motivated to work together to solve issues and reach the best agreement.
• Controlled – Nothing can be imposed on you.
• Confidential – Mediation discussion and material are generally not shared or admissible in court, and is only shared in the form of a finalized and signed mediated agreement.
• Informed – The process encourages and offers participants the full opportunity to obtain and incorporate legal and expert advice.
• Neutral, Balanced & Safe – The Mediator cannot favor any one party or particular result. The process strives for a balance of information and power in an environment of respect. The Mediator’s role is to ensure that the parties reach an agreement in a voluntary and informed manner, not in a way that is coerced or intimidated.
• Self-Responsible & Satisfying – Because Mediation allows participants to develop their own solutions, participant satisfaction with the process and the result, as well as the likelihood of compliance, are elevated as compared to court options.
Who is Mediation Solutions For?
Anyone dealing with issues concerning:
• Child Custody/Visitation
• Child Support
• Spousal Support
Mediation participants can be represented by attorneys, or can be un-represented (pro se). If only one side is represented by an attorney, no attorneys will be allowed to attend the Mediation session.
Court versus Mediation
When a dispute arises, sometimes it seems like hiring a lawyer and taking them to court is the only option to settle the issue. This can cause a tremendous amount of stress, financial strain, loss of time and torn relationships. With Mediation, there are a number of pros that can get you the resolve you are looking for peacefully, with less strain financially and much less stress.
- Emphasizes maximizing individual gain.
- Uses emotional pressure.
- Guards against openness and responsiveness.
- Tries to lessen opponent’s confidence.
- Assumes “The other wants what I want.”
- Conceals certain information and assumes opponent will do the same.
- Encourages “positional bargaining.”
- Assumes that “The more you get, the less there is for me.”
- Sees other as a partner rather than an opponent.
- Seeks to meet the underlying needs and interests of all participants.
- Separates the people from the problem.
- Reveals information and expects reciprocity.
- Focuses on interests rather than positions.
- Generates options for mutual gain.
- Seeks a win/win outcome.
- Recognizes legitimacy of values, interests and needs of others.