How Does Mediation Help? - By: Janelle Elizabeth

The American Bar Association defines mediation as "a process in which the parties to a divorce (or some other dispute) try to resolve their disagreements outside of court with the help of a mediator. The mediator cannot force a settlement, but tries to assist the parties to clarify their interests and work out their own solution. In divorce actions, mediators are often involved in child custody and visitation disputes. They can also handle property disputes, child support disputes, and other issues. If the parties resolve their disagreements through mediation, the lawyers for both the parties should be involved in finalizing and approving the agreement."

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 person—a mediator—to 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 mediator also does not side with any party or make decisions unlike a judge or an arbitrator. His or her primary task is to present the options, aid each party in assessing their goals, and facilitate in their finding of a satisfactory solution 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 issues, like neighbor-to-neighbor issues for example, are typically resolved in just a few hours. Divorce or disputes in small businesses or partnerships would entail several half-day negotiations and deliberations that often take a month or two to be over.

About the Author

In divorce settlements, mediators are usually needed for child custody and visitation conflicts. They also can deal with property disagreements, child support conflicts, and various issues."

Article Directory Source: http://www.articlerich.com/profile/Janelle-Elizabeth/36727

Additional Articles From - Home | Home & family | Parenting