22 Lessons Learned: Divorce

Some of the Things to Note about Mediation.

Mediation is one of the methods to opt for as an alternative dispute resolution (ADR) process available to disagreeing parties. Essentially, mediation is a negotiation that is facilitated by an impartial party. Unlike in the conventional court cases, the alternative dispute resolution known as mediation does not allow the third party imposing decisions on the parties. The clashing parties will begin the mediation process of the courts, legislation, or contract terms.

If the parties are unable or unwilling to solve their dispute, one of the best options is turning to a mediator. The process of mediation is structured, task-oriented, hands-on and short-term. There has to be a neutral third party in a successful mediation process between parties.The mediator helps resolve the party’s disputes by supervising the bargaining process and the exchange of information. This mediator will help parties with their unrealistic expectations and find common ground. The expert will offer the best solutions in a bid to help draft a suitable arrangement.

The process of mediation is usually voluntary though in some particular cases the statutes, orders, and regulations by the court will apply. Mediation is a standard procedure in housing courts, small claims courts, neighborhood justice centers, criminal court programs, and family courts. Different from the litigation process, where the neutral third party usually a judge imposes the decision over a matter, parties to the dispute and a mediator will control the process of mediation; deciding where and when mediation will happen, parties present, how the process will be paid for and the way the mediator will interact with parties.

Once the mediation process is over and done with, and an agreement is reached, it is documented or made oral, based on the type of mediation process used.Whether the agreement reached during mediation is binding is dependent on the kind of law in particular jurisdictions, though most of the mediation agreements are deemed enforceable contracts. In some instances, the negotiations ordered by courts will be court judgments. If the people mediating do not come up with an agreeable solution, they can look for other avenues to air their grievances.

Mediation is normally cheaper, prompt and easy procedurally unlike other formal litigation processes. This dispute resolution method is bent on solving the underlying issues and not focus on the legal side of it more. Mediation will not only focus on truth and fault. Mediation seeks to help parties know the cause of their problem and find a solution instead of finding out who is wrong or right.

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