Mediation

Mediation is the most familiar form of alternative dispute resolution, involving a professional third party to act as a neutral facilitator which enables both parties to work together in developing a mutually acceptable solution to their conflict.

Mediation has several significant advantages over traditional litigation, particularly for the resolution of family disputes. In mediation the parties can determine the length and the speed of the process. They determine how many sessions are necessary to design an agreement that works for their needs. Accordingly, the expense of this process is within their control as well. In order to reduce time and expense, the majority of the details may be discussed between themselves and the mediator is reserved for issues of greater conflict. However, sometimes the situation between the parties already too tense for positive interaction. In these cases, they may schedule all negotiations with the mediator in order to reduce the conflict and provide the greatest opportunity for finding a mutually acceptable solution.

The mediator facilitates negotiations between the parties by encouraging co-operation, communications and creative problem solving. The mediator may not give either party legal advice and may not take sides. If the mediation process breaks down and the parties proceed to litigation, the mediator may not be involved in the litigation process. The agreement reached between the parties is a legal contract binding on both parties. Either party may enforce the agreement through subsequent litigation if necessary.

The largest advantage to mediation is that the parties are able to develop or maintain an atmosphere of respect and civility, as well as fashion their own solutions. Especially where the parties have made alternative lifestyle choices, this ability to develop their own solutions and make their own decisions significantly reduces the risk of devastating consequences in the traditionally conservative legal system.