Mediation

What is Mediation

Mediation is a process in which a neutral third party, called a mediator, facilitates the resolution of a dispute between two or more parties. The mediator does not have the authority to order either party to do or not do something, and decision-making rests with the parties themselves. The goal of mediation is to help the parties reach a mutually acceptable and voluntary agreement through informal and non-adversarial means.

Mediation is required by most judges, even before a temporary relief hearing, because it has been proven to work. Settlements are often reached through mediation, which saves the parties substantial costs and emotional distress. Even if a settlement is not reached, both parties can gain valuable knowledge about the other side’s case, which can be helpful at trial.

During mediation, parties are encouraged to make two lists: one with everything they want, and another with what they are realistically willing to accept to settle their case and avoid a trial. Both parties will be required to compromise on their list of “wants” to reach an agreement. Once an agreement is reached, the terms are reduced to writing in a formal Mediated Settlement Agreement, which is signed by both parties. Parties can be divorced as quickly as five days later.