HomeMediation is a process settling dispute between two parties with the help of a third party. The third party must be a well trained professional so that he/she can work with both the parties and with the help of an informal discussion can resolve the dispute between them. During the process of mediation the attorneys may be present. They are just the advisors and not the participants in the process.
The process of mediation begins with the mediator welcoming the parties and introducing himself or herself to the parties and the attorney. The mediator then gives a brief introduction about the mediation process and also briefs about his or her role in the process. The mediator usually works over the points which will help in bringing an agreement between the parties. There are certain cases where the mediator has to pose certain agreement and urge the parties towards accepting. This will be the case where there is a very long time towards coming to a decision.
During divorce mediation is used to find solutions to certain issues like child custody and support of the spouse. The mediation process is an alternative process to formal divorce proceedings. The mediator is appointed by both the parties and the attorney present during the divorce proceedings.
In case of the divorce proceedings the mediators serve as an objective party. They do not have right to resolve the problem between the parties or do not have the right to force an agreement between the parties. The mediator has the only right to serve the purpose of acting as an intermediary person and to bring an agreement between the parties.
The advantages of the mediation process are as follows. This process saves the time and money. This also helps in reducing the case load of any family court system since it may e considered and the side step towards the formal divorce proceeding.
Since the mediator is a third party it turns out to be fair with both the parties. The mediator being a third party may not have an interest towards the outcome of the results. This will lead to a proper process of mediation without any partiality shown to either of the parties. The other reason for a mediator to be a third party is that they may have the ability to find a solution or an agreement which not been found by the parties, since the mediator is not financially benefited by the divorce process.
The mediation is a confidential process and the court doesn’t note the abusive terms used during the process by the mediator. Hence the parties need not worry of being abused in public.
The final thing about the mediation process is that it avoids the long drawn out legal proceedings of the court. It also saves the money on the fee of the attorney. It also creates a short route by cutting the long steps one has to cover during the process of divorce proceedings in court.
