Why Have Mediation?
The American Bar Association defines mediation as "a process in which the parties to a divorce (or some other dispute) try to resolve their disagreements outside of court with the help of a mediator.
The mediator cannot force a settlement, but tries to assist the parties to clarify their interests and work out their own solution.
In divorce actions, mediators are often involved in child custody and visitation disputes.
They can also handle property disputes, child support disputes, and other issues.
If the parties resolve their disagreements through mediation, the lawyers for both the parties should be involved in finalizing and approving the agreement.
" So it is indeed a legal process that is much less formal than a case that's tried in court.
Yet it involves several discrete stages that should ideally lead to a mutually beneficial conciliation.
But what really happens in mediation? In mediation, two or more people sit down and get involved in trying to come up with a solution to their issues.
There usually is a third person, a mediator, to guide them along the procedure.
He or she should normally have some sort of training in resolving conflicts, which can greatly vary.
Either he or she is a lawyer or mental health professional, with degrees in social work or psychology; however, mediators who are lawyers or mental health professionals do not serve as such when in mediation.
Moreover, although not licensed or regulated by state, court-mandated mediators generally undergo some sort of certification.
The arbitrator also shouldn't take sides with any party or produce decisions as opposed to a arbitrator or a judge.
Their key task is to present the alternatives, assist each party in examining their goals, and facilitate in their locating of a reasonable answer that is fair to both sides.
No decision will be achieved unless both sides agrees to it because the mediator doesn't have power to enforce or necessitate any decision.
And also for this main reason, the prospect of any partaker adhering to an extreme demand and the tension between all participants are greatly reduced.
Personal concerns, like neighbor-to-neighbor problems for example, are typically concluded in only a couple of hours.
Divorce or quarrels in businesses or partnerships would require several half-day discussions and deliberations that often require a month or two to be finished.
The mediator cannot force a settlement, but tries to assist the parties to clarify their interests and work out their own solution.
In divorce actions, mediators are often involved in child custody and visitation disputes.
They can also handle property disputes, child support disputes, and other issues.
If the parties resolve their disagreements through mediation, the lawyers for both the parties should be involved in finalizing and approving the agreement.
" So it is indeed a legal process that is much less formal than a case that's tried in court.
Yet it involves several discrete stages that should ideally lead to a mutually beneficial conciliation.
But what really happens in mediation? In mediation, two or more people sit down and get involved in trying to come up with a solution to their issues.
There usually is a third person, a mediator, to guide them along the procedure.
He or she should normally have some sort of training in resolving conflicts, which can greatly vary.
Either he or she is a lawyer or mental health professional, with degrees in social work or psychology; however, mediators who are lawyers or mental health professionals do not serve as such when in mediation.
Moreover, although not licensed or regulated by state, court-mandated mediators generally undergo some sort of certification.
The arbitrator also shouldn't take sides with any party or produce decisions as opposed to a arbitrator or a judge.
Their key task is to present the alternatives, assist each party in examining their goals, and facilitate in their locating of a reasonable answer that is fair to both sides.
No decision will be achieved unless both sides agrees to it because the mediator doesn't have power to enforce or necessitate any decision.
And also for this main reason, the prospect of any partaker adhering to an extreme demand and the tension between all participants are greatly reduced.
Personal concerns, like neighbor-to-neighbor problems for example, are typically concluded in only a couple of hours.
Divorce or quarrels in businesses or partnerships would require several half-day discussions and deliberations that often require a month or two to be finished.
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