What IS Mediation?
Mediation involves disputing parties assisted by a an independent third party, the mediator. The mediator does not decide how the issue will be resolved--it is up to the parties to decide whether and how the issue will be resolved. The mediator is trained to assist the parties by facilitating communication in a confidential setting, in an attempt to help them reach agreement.
Mediation is a NON-ADVERSARIAL process, thereby offering an opportunity for both parties to come to a resolution without a Judge making these important decisions for them. It is an opportunity to make decisions based on what is important to each party, allowing the parties to reach the best possible solution for all involved. In mediation, a party may not get exactly what he or she wants, but they will most likely get an agreement they can live with!
Mediation is a COST-EFFECTIVE alternative to litigation. Parties are able to work out mutually acceptable agreements within a reasonable time frame, avoiding long drawn out legal battles and the animosity that often accompanies litigation. Mediation also allows parties to work out their differences while preserving relationships, something that is rarely accomplished through litigation. It also provides a model of communication with which to approach future disputes.
Most importantly, mediation is CONFIDENTIAL. It keeps your private business out of public records or courtrooms, and allows personal issues to remain private. Mediation allows parties the opportunity to craft a settlement agreement at their own pace with fewer restrictions on negotiable items. While having an attorney present is desirable, it is not necessary for the mediation process to be effective.
Whether one needs to determine an equitable division of assets or debts due to a divorce, design a parenting plan that places emphasis on the best interest of the child, work through a contract dispute over vendor services, or settle differences between neighbors or family members, mediation may be the answer. Parties can discuss the issues, explore options and discuss alternatives, and then choose the solution that works best for them.
Most importantly, you will be HEARD!
Mediation is appropriate for many situations, some of which are:
Child Timesharing
Landlord/Tenant Disagreements
Business and Consumer Complaints
Dissolution of Marriage or Domestic Partnerships
Employment and Labor Disputes
Elder Care/Family Issues
Problems with Neighbors
Recovery of Monies Due
Auto Sales or Maintenance
Foreclosure
Wedding Planning Issues