Mediation (Conflict Resolution) is a viable way to solve disputes by allowing the parties to make the decisions about their issues rather than the court making the decisions. By utilizing this process, the parties are able to control the issues and property in the matter at hand. We at Conflict Mediation Solutions feel that a large majority of the cases that go to court could be settled if given the opportunity in mediation. The mediation process takes less time, costs less, it is easier on the family members especially the children, allows the parties to control their decisions, allows the parties to stay on a positive note during and after the mediation and it is confidential. While many mediators are attorneys, they do not have to be attorneys. Why? Because mediation does not center around legal rights and entitlements. Although mediators have been rigorously trained and possess significant knowledge about the law and domestic issues in their jurisdictions, they do not focus on the law. Mediators, rather, focus on the best interests of both parties to the dispute.
The Conflict Resolution Specialists Responsibility:
During a session it is the mediator’s responsibility to facilitate discussions and communications between the parties. The goal is to assist the parties to reach a settlement of their differences. The mediator will have joint sessions with the parties as well as individual caucuses to gain insight into the issues of both parties. The mediator is in charge of the process, keeping it on track and within the guidelines. The parties are in charge of the outcome.
The mediator is neither judge nor jury and will not make final decisions.
The Parties’ Responsibilities:
It is the responsibility of the parties to approach the mediation process in good faith with a willingness to resolve the issues. Each party must be prepared to rationally discuss the issues and to work toward a resolution to the dispute. It is the goal of the negotiating parties themselves to arrive at a resolution that is equitable to them.
If both the Mediator and the Parties come to the session with the outlook of reaching an agreement rather than having to take the time, years in most cases to litigate, then the mediation has a high propensity to end with an equitable resolution.
Contact us today to Schedule your Mediation Session today.
