Mediation is a negotiation process that attempts to resolve disputes fairly and efficiently. In mediation sessions, a neutral mediator helps the parties reach a mutually satisfactory agreement by creating an environment that facilitates productive communication. Controversial issues are identified and explored. The goal of mediation is to resolve problems that stand in the way of a satisfactory settlement. A mediation can generally be completed in a few sessions.
Mediation is voluntary, a mediator cannot compel the parties to reach an agreement. The resolution of the mediation process is in the hands of the parties, not the judicial system. The process provides and fosters the opportunity for each party to seek and obtain expert legal and financial information and advice before signing their agreement. The mediator cannot provide such advice.
Remember that the mediation process is confidential. Discussions, agreements or concessions are not admissible in any subsequent procedure (unless required by law), except for the finalized, signed and mediated agreement.
A mediation session generally begins with a joint meeting of the parties and their attorneys, if there are attorneys involved. The mediator explains the format of the procedures. Then, the mediator will give an opening statement to define the protocol, establish basic rules, and explain the mediation process. Each party will also have an opportunity to briefly present their case to encapsulate important issues. The mediators will comment on what they see as the problem (s) and confirm these points with the parties.
Remember that the role of the mediator is to ensure that the process progresses smoothly in a respectful and non-threatening manner. Because of this, a lot can be resolved in a mediation session. The mediator will generally ask if attorneys are present, they can consult, but clients must speak for themselves. The parties should not interrupt each other; The mediator will give each party the opportunity to fully share their side of the story. Parenting Plan
Sometimes it is productive for the mediator to meet privately with each party or to "meet". This gives each party the opportunity to speak more frankly and openly about their concerns. The caucus can be a forum to develop solution options in a confidential environment away from the other party. A caucus can be used multiple times during a mediation.
Mediators strive to facilitate an environment conducive to an agreement that is acceptable to both parties. This is your mediation, it is where the decisions are made that prepare you for the next step in your life.
Participants in mediation should plan to actively participate in mediation for at least three hours. It is advisable that you do not bring children or personal third parties to the mediation sessions. Mediation is most successful when the parties focus on the task at hand without external distractions.
Mediation puts you and your spouse in control of the outcome of your agreement. The two decide how the parenting will be carried out, establish the responsibilities of child support, if applicable, determine the division of assets and debts, establish whether alimony is appropriate for either spouse: mediation will create a framework from which to start your new life.
Also, mediation is much more profitable than litigating a divorce. It can often be completed in 2 sessions of a few hours and the cost is generally divided between the parties instead of each party hiring an attorney for $ 2,000.00 and entering a long-term agreement to disagree. Most of the time, when spouses participate in the litigation process, a war mentality is established.
Adverse positions rarely reap benefits for both sides and can set a bad example for children, if children are involved. Both will always be the parents of their children, divorce does not dissolve that aspect of the relationship. It is in the best interest of your children to develop a healthy parenting plan. Discussion issues are much less stressful when solving problems, not winning, it is the mindset, mediation offers this opportunity to reduce conflicts and set the path to your future and new life.
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