subject: How Does Mediation Help? [print this page] The American Bar Association identifies mediation as "a method in which the parties to a divorce case (or some other sort of dispute) try to deal with their arguments outside of court through the help of a mediator. In divorce activities, mediators are often associated with child custody and visitation conflicts. They could also deal with property conflicts, child support disputes, and other issues."
So it is indeed a legal process that is much less formal than a case that's tried in court. Yet it involves several discrete stages that should ideally lead to a mutually beneficial conciliation. But what really happens in mediation?
In mediation, two or more people sit down and get involved in trying to come up with a solution to their issues. There usually is a third persona mediatorto guide them along the procedure. He or she should normally have some sort of training in resolving conflicts, which can greatly vary. Either he or she is a lawyer or mental health professional, with degrees in social work or psychology; however, mediators who are lawyers or mental health professionals do not serve as such when in mediation. Moreover, although not licensed or regulated by state, court-mandated mediators generally undergo some sort of certification.
The arbitrator also shouldn't take sides with any individual or generate decisions unlike a judge or an arbitrator. Their key job is to present the options, assist each party in assessing their goals, and aid in their finding of a acceptable answer that is amenable to both disputants.
No decision will be attained until each side agrees to it since the mediator doesn't have power to impose or require any decision. And also for this main reason, the likelihood of any partaker adhering to an drastic demand and the emotional tension between all participants are reduced.
Personal concerns, like neighbor-to-neighbor problems for example, are typically concluded in only a couple of hours. Divorce or quarrels in businesses or partnerships would require several half-day discussions and deliberations that often require a month or two to be finished.
