What is Mediation?
Mediation is the cost-effective alternative to litigation. Mediation is the process where a neutral third party facilitates the resolution of a conflict by exploring a variety of solutions in a comfortable and confidential setting. This provides the mediation participants with the opportunity to openly discuss and design their own resolution of the dispute. Mediation is effective and has over a 90% success rate.
In most divorce cases, a mediator is appointed to assist the parties in reaching a settlement prior to the scheduled trial date. The mediator is usually chosen by the attorneys or by the judge assigned to the case. The mediator is a neutral third person, who has expertise in family law as well as alternative dispute resolution. Reaching a settlement at mediation is voluntary and usually requires compromise from both sides in order to settle the case. If a case is settled at mediation, the mediation agreement is reduced to a judgment of divorce and the case does not proceed to trial. Most cases settle at mediation.
Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict. Unlike a judge or an arbitrator whose decisions subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties.
