WHAT IS MEDIATION?

Mediation is a form of dispute resolution in which a neutral third party helps individuals reach a voluntary agreement through "principled negotiation".

Negotiation is a basic means of getting what you want from others. "Principled negotiation" provides that:

• The parties communicate directly and honestly about each of their respective goals and interests, rather than their positions.
  
  

• Each party speaks for his or herself in a manner that is not disrespectful of the other.
  
  

• The parties participate and negotiate in a way that represents their "best selves".

Mediation also has other specific features.

Mediation is:

• Voluntary — participation is freely chosen and can be terminated at any time by any participant.
  
  

• Self-determined — decision-making authority always rests with the individuals.
  
  

• Impartially led — mediators are neutral in facilitating conversation; any mediators' prior personal or professional relationship with either party must be specifically disclosed and accepted.
  
  

• Confidential — information related to the content and process of mediation is kept confidential, except as required by law.
  
  

• Based on Informed Consent – both parties understand the nature of the process and the implications of their decisions.

What do Mediators Do?

The mediator serves as:

• Facilitator — keeping mediation on track and breaking stalemates.
  
  

• Educator — providing information about conflict areas such as divorce and their impact on families, normal child development, family dynamics and family relationships.
  
  

• Message carrier — sometimes serving as a "go-between".
  
  

• Idea generator — offering creative options and brainstorming.
  
  

• Translator — clarifying words and meanings to facilitate better understanding.
  
  

• Agent of reality — helping to assess the workability of options.
  
  

• Scribe — taking notes and writing down agreements.