Mediation is a settlement process in which the negotiation is guided by trained third party. Through this process and with the assistance of the mediator, the couples, whether divorcing or resolving parenting conflicts, are able to resolve their own dispute. The use of the mediator benefits the parties by helping the communication process, maintaining structure for the discussion, and working to avoid impasse and breakdown of the discussion. Mediation works well for people who want to come to a settlement themselves, but are unable communicate and/or address the issues without someone in "the middle." The mediator's job is to help discern the objectives, or interests, of each person, and work with both parties to find a resolution which will best meet the respective goals.
Mediation works for people who cannot communicate without arguing. You might say, "She/He doesn't understand what I'm saying", "He/She doesn't listen to me", "We have different goals." The mediator will find a way to "bridge" the communication difficulties, so that each person's voice can be heard, enabling productive negotiation to take place. Then, once an agreement is reached, the mediator can also draft the agreement, and submit it to the court so the agreement can become an enforceable court order.
Continue reading to learn about the Collaborative method for dispute resolution....
