Mediation is one of the Alternate Dispute Mechanism which is used by the parties to solve their legal issues. It is a method in which a neutral third party known as the Mediator is engaged by both the parties, facilitating conversations between them. The method is used in resolving many disputes but largely the matter of divorce is being solved through the method of Mediation. The cases of divorce do take a lot of mental trauma, excessive legal bills and the situation becomes worse when there are also children to handle. The children don’t want to see their parents yelling, crying and fighting in the Courtrooms.
Mediation is a much simpler process as compared to that of Litigation. The parties can settle their problems more comfortably in a mediation room than in a Courtroom. The parties can talk directly with each other and work together to get the information for wise decision-making and to agree to the terms where both can live freely and happily. The mediator ensures each of you is heard and understood and that the discussions proceed respectfully and productively.
While in the case of Litigation, the first two or three months are spent with lawyers filing motions in Court. Motion is the legal action of bringing a particular issue unto the Courtroom. For eg. Before the final decision for the divorce, the parties may file a motion regarding child custody. In a court case, you discuss everything as in the case of the Mediation but your lawyers and attorneys will advise you not to talk to your partner on substantive issues. In the case of mediation, you share information not from the point of view of getting divorced but from the point of being together again.
Even though you might be fully prepared for getting divorced through mediation, everything is discussed together and then preceded. Every moment is spent in direct communication with each other, for the purpose of moving you forward efficiently and effectively.
Another important necessary factor is self-determination. The parties are in control of how the process will work, what information is discussed and exchanged, and what decisions are made. In mediation, the parties get to decide up to what extent they will need the attorneys in the matter.
Different mediation clients appoint attorneys for various purposes. Some do not use attorneys; some use them only as consultants, to provide negotiation coaching and advice between sessions and to look the agreement over before signing and some people use attorneys to attend sessions with them to help them negotiate. Moreover, mediators also have attorneys they can refer the parties to, attorneys the mediator trusts, who are trained in helping mediation clients. The lawyers that are referred for mediation have a different set of approaches for resolving the issue.
Their role is not to take over the case and win a war; their role is to be a counselor and advisor, to help the parties reach a settlement that is in your best interest and your family’s best interest. Mediators also can refer the parties to financial advisors and divorce or parenting coaches as necessary.
Mediation is less stressful, less time consuming and saves you money. In a lawsuit, you won’t get to express your views as freely as in mediation. Half of the time you will be represented by your attorney so the parties will never be in front of the judges. And even if they do get an opportunity they won’t get to state their incidents and provide evidence in a narrative manner.