Mediation is an alternate method of solving a dispute between individuals or parties who want to avoid litigation and the neutral third person facilitating the process is known as a mediator. Mediators are professionals that have received training in resolving disputes through alternate methods. A judge, lawyer or even a mental health professional can play the role of a mediator at times. Mediators are neutral people who cannot show bias to any one party throughout the mediation process.
The ultimate role of a mediator is to do anything and everything necessary to help the disputing parties reach an agreement. Often when there is a dispute, the parties involved prefer to avoid litigation as trials can be expensive, long drawn out and the outcome is not in the hands of either of the disputing party. Mediation is the only forum where the parties have complete control over their decisions. The role of a mediator could vary from being a convenor, an educator, a facilitator, an advisor or even a catalyst so as to help the parties reach an agreement.
A mediator will ask you questions regarding the dispute and what kind of settlement you may be looking at so that he/ she is aware of your expectations and can find common ground between the two parties. The role of a mediator will also be to remind you to keep the larger picture in mind, instead of focusing on inconsequential legal issues. A mediator will be the controlling factor in case of heated arguments, as this would only prove detrimental to reaching a settlement. He/she will also help the parties remain focused on the issue and the interests of the disputing parties rather than proving who was right or wrong.
Mediation can be helpful in cases regarding financial transactions, family matters, divorce, compensation, or any other matter which does not require complex legal procedures or evidence. At times when a couple plans to separate they may not want to go into litigation, especially if it is uncontested. Or they may not be aware that there is a simpler way to settle the issue – mediation. This forum allows them to remain in the driving seat, to be able to control and influence the decisions and not have the outcome imposed upon them. The role of a mediator for divorce is not that of a counsellor who tries to keep the couple together, but to guide them towards the next stage of their lives by reaching a settlement.
Mediation is a confidential and voluntary process and the role of the mediator is to encourage the spouses to discuss all aspects of a divorce and reach a decision about the future. The husband and wife decide the divorce terms together while the mediator remains impartial, ensuring that they discuss all topics pertaining to the divorce. Often after deciding to part ways, a husband and wife are unaware of the issues they will face during and after the divorce. The role of the mediator for divorce is also to provide them with all relevant information that they need to make informed decisions.
Mediators are trained professionals who can guide disputing parties on law, provide support in finance and property and family law and other necessary aspects. The personal approach to a dispute offered by mediators, allows the mediation process to be more flexible than litigation and helps cater to the unique circumstances of every dispute.
Aside from being a less stressful and less costly alternative to court, the benefits of mediation are countless. If you are looking for an independent paralegal to help you out with filing your divorce, book a consultation with me.