Mediation is an informal alternative dispute resolution method in which a neutral third party, known as a mediator, helps disputing parties reach an agreement. Mediators facilitate negotiation and settlement by providing direction and encouragement, working collaboratively with the parties and finding creative ways to reach a mutual solution. The mediator has no power to impose a decision on the parties, and the mediator’s decision is not binding.
I earned my Divorce Mediation Certificate in 1996 from Mediation Matters, and I have been working in mediation for clients ever since. Mediation is often a speedier, less costly alternative to trial. It is employed in a variety of disputes including family law, real estate and contractor disputes. It is not always the answer, but when both parties are amenable to the process it can be a good avenue for families in transition.
Mediation is a voluntary, private, and confidential process facilitated by a trained and impartial mediator. Mediation does not determine who is right or wrong, but is a neutral process that balances the conversation between the parties and enables them to speak to each other openly and effectively. Mediators do not offer suggestions, make judgments, or come to final decisions. All agreements are created and decided upon by participants.
Each case must be weighed on its merits to determine if mediation is appropriate. Situations where there is a gross power imbalance or domestic violence involved, for example, would be deemed unsuitable for mediation. A similar determination would be make if there are ongoing allegations of child abuse or neglect.
While you may get legal assistance in the process of mediation, and I as an attorney can be retained as a mediator in a dispute, during the mediation you will not have a lawyer by your side as you would with collaborative law. Collaborative law is considered a “four way” conversation/process with two attorneys and two spouses working to achieve shared goals. Both mediation and collaborative law are less expensive and more efficient than litigation.
I have nearly 20 years of experience in mediating disputes both as an attorney and a mediator. Please call my law office at 443-895-1688 to schedule a consultation today and see how I can help you resolve your disputes or issues in the best way possible.