|
A
successful mediation is one in which the parties reach a resolution
that both can agree on. You will not get all of what you want, and neither
will the other party. The point is for all parties to have ownership
of the process, and in doing so, come up with an agreement they can
both live with comfortably. It is a cooperative effort by both parties
and their attorneys to settle their issues. Mediation has many benefits,
particularly saving both time and attorney's fees.
The
Process of Mediation
The
first meeting will likely be spent collecting information. Each
party's positions, needs, and wants are important. The attorneys
will review the information to look at all possible solutions. Again,
they explore a whole range of settlement options - and alternatives.
Negotiations can begin after all of the information is brought together.
It is important that all of the information has been gathered and looked
at so that realistic and fair proposals for settlement can be considered.
This
is the time when it is especially important to be willing to compromise,
and to remember that winning every little point is not the goal, that
the higher goals should always be kept in mind. The parties meet with
a mediator to learn their rights and responsibilities under the law.
Everyone knows and understands what is expected of them before things
go forward. The goal is an agreement that includes a resolution of all
of the issues.
Mediation
is a non-adversarial means to work out divorce or separation issues.
These issues can include custody, time-sharing, alimony, child support
and the many other issues which arise in divorce and separation.
Couples
can use mediation at any stage of the separation and divorce process
- even couples who have previously divorced through the court system
and wish to resolve new problems can benefit from mediation.
Advantages of Mediation
- personal control over the settlement.
- less emotional trauma on the spouses and any children involved.
- not as time consuming as escalating court battles.
- not as expensive as the court process, due to more effective use
of the attorney's time and active involvement of clients.
- can even eliminate conflicts before they arise.
- mediation is private
- helps avoid the distress and embarrassment of a public court battle
- studies show that couples who have worked together through a mediator
are over three times more likely to uphold the terms of their agreement
than couples who have divorced through the adversarial system.
|