What Can You Expect From the Mediation Process?

Mediation is a form of alternative dispute resolution, which is any method of resolving disputes that fall outside of the official judicial process. In other words, mediation is a way for the parties in the dispute to come to their own agreement, on their own terms, with the help of an impartial third party.

A mediator uses a range of techniques to open or improve the dialog, while remaining impartial. The mediator is not a judge, and does not make decisions for you. The two parties come to a decision through informed, detailed discussion.

It is preferable to have a lawyer present in mediation, because you ad the other party will design and agree to a settlement based on what you know about your own situation, values, goals, and options. Your attorney has the experience to assess your options and advocate for your values and goals.

By definition, a mediator is impartial and doesn't represent the interests of either party. A mediator has no obligation to inform one party about a better possible option, because this may be considered unfair to the other party.

There are three secrets to a successful settlement in mediation:

Respect: When an atmosphere of mutual respect is established and maintained, both parties are free to make a positive effort toward a mutually beneficial resolution.

Communication: Both parties must learn to listen and to express themselves. In an emotional situation, communication can be difficult. When emotion gets in the way, one only hears the other party's anger or, fails to explain his or her own position properly. Your lawyer can advocate for you, help you to interpret what the other party is saying to you, and help you to express your needs and desires in a way that will be heard and understood by the other party.

Information: You are more likely to achieve your goals for the settlement when you have all of the information. Attorney Molly B. Kenny handles many cases in mediation, and she achieves the outcomes her clients expect because she has a stronger command of the facts in the case, and because her clients are given the information they need to make intelligent decisions.

Mediation is an excellent option for resolving family law disputes, particularly when children are involved. You and your soon-to-be ex may be getting divorced, but you will continue to be the parents of your children. Your future interactions are more likely to go smoothly when the two of you are able to come to terms about this new co-parenting relationship, independently of a judge or a court order.