Mediation is a process for helping disputing parties resolve their conflict by coming to an acceptable agreement with the help of a mediator. The mediator works as a neutral to help both parties negotiate an agreement that best serves their interests. The disputes may arise any business or personal relationship, such as landlord/tenant, business partners, neighbors, divorcing spouses, etc.
The process begins with making agreements to help ensure the effectiveness of the process. The parties are assisted in identifying and establishing boundaries necessary to control their interaction and ensure safe and constructive dialogue. It is the mediator's responsibility to enforce these rules for the conduct of the mediation.
The mediator works with the parties to identify the individual needs of each party and to respond to those shared and differing needs. Frequently, there are issues of immediate and pressing concern that may be dealt with in the very first session, resulting in either temporary or finalized agreement on the pressing issues.
Divorce mediation is utilized to help divorcing spouses negotiate an acceptable divorce agreement with the help of a mediator. Again, the mediator works as a non-coercive neutral to help both parties negotiate an agreement that best serves their interests. The result of the process is typically an agreement to be documented in a marital settlement agreement (MSA) and submitted in the dissolution proceeding. It is often advisable for each of the spouses to also have their own attorney to help them understand their rights, and to review the agreement prior to submitting it within the proceeding.
The mediation process can be viewed as a four-stage process. The first stage involves gathering information and developing an understanding of the issues and interests of the parties. Secondly, the alternatives, options, or choices which address the interests of the parties are developed. Additionally, the consequences of each of the alternatives need to be analyzed in order for the parties to make informed choices. The third stage is the negotiation phase of the process in which the parties discuss their perspectives, express opinions, and explore settlement possibilities without either party feeling pressured or forced into the agreement. After the parties have come to an acceptable agreement regarding the alternatives which best meet their needs and interests, the final stage is for the mediator to write the agreement into a formal document that can be used by the parties as needed in the future.
