What is Mediation?
Mediation is used to help settle disputes. An impartial third party known as a mediator will sit down with both parties and listen to their concerns. The mediator will work with both sides to come up with an agreement that does not put one person at an unfair advantage.
People have been using mediation services for years. They can be useful for separations and divorces. Mediation is completely voluntary. A court or judge will not mandate mediation if partners cannot decide on child visitation, child support, alimony or other related matters.
What Types of Mediation Are There?
As of this writing, there are four primary types of mediation. Partners or couples may try analytical, facilitative, inclusive or transformative mediation. Each type of mediation is unique.
Analytical mediation allows mediators to concentrate on the strengths and weaknesses of each party for the matter at hand. This kind of mediation also assumes that the mediator is well-versed in the subject matter of the issue. Group and individual meetings may be held as needed to discuss the mediation. The overall goal is to find a compromise that both parties are comfortable with.
Facilitative mediation allows people to work through their problems with the assistance of an unbiased mediator. The mediator will establish ground rules for the proceedings. They may ask probing questions to get to the heart of the matter. The mediator won’t offer opinions or possible solutions remaining totally unbiased. Instead, they will let the two parties communicate with one another to discover possible resolutions that both agree on and benefit from.
Inclusive mediation requires former partners or couples to work their way through a problem with the assistance of a pair of mediators. The mediators will listen to the issues and emotions that are brought up and provide feedback that echoes the ideas and feelings that have surfaced during the conversations.
Mediators let the parties do the talking. They will listen to what has been discussed and help parties find common ground and key topics or problems that need answers or solutions. People may be asked to brainstorm ways to solve problems or identify their primary concerns. From there, they can towards a solution to those items.
Transformative mediation takes a different approach to conflict resolution. It removes negativity and doubt from the equation. Transformative mediation lets parties appreciate opposing perspectives and empowers them to work through problems constructively.
The mediator can keep sessions on task by reminding each party how they can resolve the issues. They will also remind them to recognize the viewpoints that are brought up by the person on the other side of the table. All rules will be set by the two parties themselves. The mediator allows each person to discusstalk their issues.Then It’s up to the two parties to decide what’s most important and how to solve their problems.
When Does Mediation Happen?
There is no set timeline for mediation. It could begin as soon as a couple decides that they want to divorce or separate. Mediation services could be enlisted during an appeal or court case, or even before a hearing is scheduled. Everything depends on the couple’s wants and needs.
Why Should I Consider Mediation?
One reason why individuals opt for mediation is because it allows them to reach conclusions that they’re satisfied with. They don’t have to rely on a judge’s decision or adhere to certain conditions that don’t make sense. Parties can make their own decisions. The mediation process may go on as long as necessary for both sides to reach an agreement.
Mediation usually doesn’t take quite as long as traditional proceedings, and it can be much less expensive than having to pay attorney and court costs. All mediation sessions are completely confidential. Nothing that’s said or discussed during those sessions will be a part of public records.
Almost anyone can participate in mediation. Employers and employees, neighbors, competing companies, relatives, landlords and many others can settle disputes in mediation. They can help to maintain personal relationships and handle matters that may not be easily remedied in a court of law.
Some people who have participated in mediation sessions have expressed relief in having a third party who has no vested interest in either side as a mediator. A good mediator should be a constructive voice, but still allow each person to bring up their own concerns and possible solutions for each problem.
Mediation also allows people to think outside of the box. In most instances, they’re not restricted to specific rules or regulations. They can think of creative ways to resolve issues. Some solutions may even benefit both sides in ways that they never could have imagined beforehand.
The success of mediation sessions will depend on the parties involved. If they are open-minded and pragmatic, it shouldn’t take long to reach an agreement. On the other hand, if one person is upset or contesting the divorce, it may be difficult for them to keep their emotions in check. They may be very angry at their former partner and could even refuse to work with them. This can significantly hinder the mediation and divorce processes.
If you’re considering mediation, reach out to the professionals at JC Law.. We’ll sit down with you to address your concerns. Our trained professionals can assist in setting up mediation services and recommend impartial mediators.
Divorce isn’t always easy. Personal relationships with certain family members and friends will never be the same again. Divorce will also change the lives of parents and their children. It can be very difficult for minors to understand why their parents are breaking up. Some may even feel like it’s their fault.
Regardless of what happens, it’s important to remember the end goal. There will be good days and bad days throughout the process. Mediation can help to ease tensions and allow you to get back on track before you know it.
