What are the Stages of Mediation?
Category: Child Custody , Family Law , Mediation
- 12 Sep 2024
- Posted By WebSiteAdmin
Mediation is a legal process by which two disagreeing parties get together and have a meeting to hash out their differences. Legal mediation usually occurs when there is a financial or custody dispute.
The benefits of mediation are that it can save everyone involved a great deal of time and money. What could take weeks or even months in a courtroom can be decided on in an afternoon or two around the mediation table.
So, what are the stages of mediation? How will your mediation process begin and end? We will answer those two questions below.
I. Deciding to go to Mediation
If you can get the other party in your dispute to agree to mediation, that is a big step in the right direction. The selling-points are obvious. Agreeing to sit down with a licensed mediator and hash out your dispute will save both parties a great deal of time and money.
II. Pre-Mediation
This is where each party meets with the mediator separately and gives them an idea of what they would like to accomplish. The mediator is an impartial role and is there to help you and the other party come to an agreement and is not there to take sides.
III. Opening Statement
Once mediation has begun, the mediator will introduce all parties involved and explain the rules and goals of mediation. The mediator may invite both parties to make an opening statement.
IV. Joint Discussion
This is when the details are hashed out. Who is looking for what? The mediator will maintain a controlled environment while discussions take place.
V. Negotiation
This is where the rubber hits the road. Both parties discuss what they are willing to concede to get the agreement finalized. A large majority of cases are solved in mediation and about 1 in 10 are not. Those cases then proceed onto court.
VI. Agreement
This is the final stage. If both parties feel like they received a fair offer and are ready to finalize it, this is done during the agreement stage. The agreement is put on page and signed by both parties.
VII. Closure
Mediation end and all loose ends are tied up. The agreement and any documentation are sent to the courts for finalization. It is important to remember that you will most likely not get everything you were asking for. That is the purpose of mediation. It is to find out what you want most and what you are willing to concede to achieve that goal.
Mediation is helped along by a positive attitude and a realistic goal of what you will be able to achieve. It’s a chance to get exactly what you are looking for on paper.
For more information and pricing regarding mediation services refer to this page.