Whether in family court, employment disputes, or other civil matters, mediation is a way to avoid costly, public litigation. Dispute resolution specialists provide trained support and guidance to help parties in a dispute come up with solutions that work for them. Mediation services are generally less expensive and quicker to resolve than a lawsuit, making them an attractive alternative to litigation for many people.
Mediators are neutral facilitators who listen to both sides and help participants communicate. They understand that conflict often results from negative emotions and can be a barrier to progress. They may provide tools and exercises to allow parties to recognize their emotions and manage them effectively. They can also encourage the discussion of both legal and personal issues that need to be addressed.
A mediator works with the parties to identify areas of agreement and disagreement. He or she helps them stay on track, clarify areas of dispute, and make recommendations for possible settlements. During the process, the mediator will address all aspects of the dispute, including financial, property, parenting, and emotional issues. The mediator will offer options to satisfy both parties’ needs and interests, and the final solution is decided by the parties themselves.
A negotiated agreement can be written and signed by the parties, which is enforceable in court. If the mediation is court-ordered, the mediator will usually prepare a draft of a Memorandum of Understanding (MOU) to be approved by the judge. The MOU will describe the terms of the mediated settlement and include a statement of legal rights, as required by law. The MOU can be used as the basis for a court order or can serve as a guide to a private resolution.
Unlike a trial before a judge or jury, a mediated resolution is confidential. This allows parties to discuss sensitive information in a more private setting, which can lead to a more satisfactory outcome. It can also eliminate the fear and anxiety of a court trial, as well as save time and money.
The process of choosing a mediator can begin by discussing the matter with friends, relatives, or coworkers who have had experience with the mediation process. You can also find out about mediation programs through your local courthouse or the state office that oversees the courts. The clerk at your courthouse can tell you about the local mediators and help you set up a meeting.
When selecting a mediator, consider how important it is that he or she have expertise in the subject matter of your dispute. Some people feel it is essential, while others believe that subject matter knowledge is not as crucial unless the dispute involves a very specialized area such as domestic or environmental matters. The mediator you select should be comfortable with your topic and be able to direct the conversation. If you have questions about this, ask the mediator if you can have an initial consultation before making your decision. This will give you a chance to see how the mediator handles yourself and to gauge his or her ability to lead your conversation effectively.