Mediation is a process by which an impartial person, the mediator, facilitates communication between the parties in order to promote a settlement or agreement. In mediation, both parties work with the mediator to resolve their differences. As a result, offers can be exchanged quickly, amicably and much less expensively.
Advantages of Mediation
Saves Attorney's Fees - Mediation is far more efficient and less expensive than litigation
Saves Time - The traditional approach involves many hours of finding documents, answering questions, and meeting with lawyers. Mediation is much less time consuming.
Avoids Hostilities - The character assassination is eliminated in mediation.
Protects Children - Mediation attempts to reduce anger and shorten the period of greatest stress for a family. As a result, your children are spared the anger of their parents towards one another.
Maintains Privacy - Your personal business is discussed only in the confines of mediation not in an open courtroom.
All the parties involved in the dispute must agree to participate in the mediation process. The parties are responsible for negotiating their own settlement. The mediator's authority is limited to conducting meetings with the parties, providing information, and offering suggestions. If necessary, and agreed upon by the parties, the mediator may abstain expert advice concerning technical aspects of the dispute, provided the parties assume the expenses of abstaining such advice. The mediator cannot and will not impose a settlement in a case. The mediator does not guarantee or represent that settlement will result from the mediation process.
Mediation sessions are always private and confidential. On occasion, sessions may be attended by the legal representatives of the parties. Other parties may attend only with the permission of both parties and the consent of the mediator. Confidential information disclosed to the mediator is not shared with anyone. All records, reports and notes are held in strictest confidence.
The following are some of the areas discussed with both parties present at a mediation session:
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