What is mediation? From a legal perspective, mediation is an alternative means of dispute resolution where disputing parties use an impartial third party to assist them in resolving their conflict. That is a nice definition, but what is it really? Well, simply put mediation is a process that can help individuals solve their own disagreements. The mediation process begins when the disputing parties agree to engage a third part (a mediator) to assist them in navigating a resolution to their existing conflict. Mediation gives individuals the power to have a say in how their personal dispute is resolved.
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How can mediation help you? If you are in the middle of a struggle such as a divorce, experiencing problems with your co-parent or having issues with child support, mediation could be an alternative to having a judge decide the outcome of your dispute. Mediation gives the parties control over the results, it is usually faster than having a court hear your case and it is less costly.
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Who can use mediation? Mediation can be used for any type of dispute, large or small, simple or complicated. It is often used in divorce, custody and visitation cases, but can truly be used for any type of disagreement
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How to choose a mediator? It is important to know that there are different mediation styles: Transformative, Evaluative and Facilitative. There are arguably pros and cons to each style. Evaluative mediation is most similar to having a judge or jury hear your case. The mediator will hear both sides, point out strengths and weaknesses of each and try and determine what a judge or jury would do. In Transformative mediation the parties structure both the process and the outcome and the mediator follows. The idea is that the process can transform the parties. The mediator supports the parties in determining where the process goes and what the outcome is. During Facilitative Mediation the mediator directs the process while the parties are in charge of the outcome. In Facilitative Mediation, the mediator acts as a guide to ensure the parties address all necessary issues to resolve their conflict, but it is the parties who ultimately make the decisions. The mediator does not give advice, opinions or guess what a judge would do in either Transformative or Facilitative Mediation.
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At the Law Offices of Michael-Anne Peck, we practice and support Facilitative Mediation. We have years of experience handling divorces and divorce related issues. It is our belief that Facilitative Mediation works best with these sensitive and personal issues. Facilitative Mediation allows the parties to have an impartial third party assist them through the process, with the confidence to know that they are in control of the outcome. With our expertise, we can guide disputing parties through a very difficult process and assist them in resolving their issues in a way which works for both parties.
If you would like to know more about the mediation process, please contact our offices.
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