WHAT IS MEDIATION?

Mediation is a form of dispute resolution in which a neutral third party enables individuals to reach voluntary agreements:

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

• Guide each party to speak for his or herself in a respectful manner.
   

• Encourage participation and negotiation in a way that represents the parties'"best selves".

 

 

Mediation also has other specific features.
 

Mediation is:

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• 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.

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• Less Costly — Financially and Emotionally

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What do Mediators Do?

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The mediator serves as:

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• 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.