Mediation

Mediation is an informal and confidential way for families to resolve disputes with the help of a neutral third-party, a mediator, who is trained to help people discuss their differences. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work out their own solutions to problems and negotiate a settlement of the issues.

The benefits of mediation include:

• Cost—The mediation process often takes less time than moving a case through standard legal channels, which means expending less money on hourly fees and costs.

• Confidentiality—While court pleadings and hearings are public, the content and progress of a mediation are strictly confidential. (An exception exists for child abuse or actual/threatened criminal acts.) The content of a mediation is protected from introduction as evidence in court.
• Control— Mediation allows the parties to craft their own solutions for their unique situation. In a court case, control resides with the judge who can provide only the solutions available under the law.

• Compliance – Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.

• Cooperation —Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think “outside of the box” for possible solutions to the dispute, broadening the range of possible solutions.