What Is Mediation?

Mediation, in the legal world, is used to refer to the process of settling a disagreement between parties, without engaging in any form of litigation. It typically involves the presence of a third party, the mediator, who acts as a neutral ground in order to ensure that the matter is fairly and methodically negotiated.

Mediation has become fairly popular in trying to resolve domestic relations disputes, such as divorce, child custody or visitation rights, and is often ordered by a judge. Having a mediator present, instead of an entire courtroom, allows all the participants to discuss the matter at hand on a more personal level and to directly communicate with each other, instead of through attorneys and/or advocates. The mediator ensures that each party is granted the opportunity to have his or her say in a controlled environment, while keeping in mind the need for equality. It is imperative that the mediator constantly remain impartial, while refraining from expressing his or her views. He or she merely needs to aid, rather than direct, the procedure.  

The process usually follows a few easy steps, although it is possible that certain mediators may slightly deviate from this plan. That does not entail an error on their part but it may simply imply that they prefer a different approach based on the following principles. Firstly, introductory remarks are made where the three parties are introduced to each other and the procedure is briefly explained. The spouses then present the problem at hand in order for all the relevant information to be gathered. The primary issue is identified and the mediator will then discuss the various options available to each spouse. Lastly, an agreement will be reached, ensuring that it is to the satisfaction of both the parties.

This process of dispute resolution is often preferred if the parties need to preserve their relationship as a result of continuing interests. Although it is not in itself a binding process, once there is a unanimous decision, a contract is drawn up in order to keep the parties to their agreement. It is the job of the mediator to assist the parties in arriving at a joint decision and this has the benefit of facilitating a win-win solution, unlike the win-lose situation typically found in a courtroom.