How Does Mediation Help in a Divorce Case?
Mediation is an active, dynamic, interactive process in which two opposing parties negotiate a dispute over a series of meetings, often in a private setting where they try to resolve their differences through the use of specific negotiation and communication techniques. All participants in mediation are encouraged to actively engage in the whole process.
Most non-binding mediation processes, usually conducted by lawyers, do not include any form of a pre-determined outcome. In some instances, mediators try to achieve certain results through specific means such as pointing out what’s wrong with the other party’s arguments, for example. However, it is up to both parties to reach mutually agreed upon conclusions.
Most mediation services provide a range of options to assist clients. The most common form is called “conflict resolution”. This means that both parties to present their views or positions to the mediator. In this type of mediation, the mediator makes decisions based on the opinions of both parties and the mediation takes place as part of the court process.
Another form of mediation is “advisory mediation” in which an attorney or other professional advise a client of how to approach issues that he/she might have with his/her partner, or on how to deal with problems in his/her workplace. The focus of the recommendation or “advice” is usually to find a solution between the parties to minimize friction. Again, this is mostly done through informal and collaborative discussions.
When you work with a mediation service, the mediator will also give you some advice on how to deal with other stressful issues, such as those that may occur in your family, in your workplace or other social situations. The mediator may suggest ways on how to overcome conflicts during business meetings, for example. These sessions are usually confidential and generally last only for an hour.
During the mediation, both you and the mediator’s office will be keeping busy with telephone calls and emails. You may be contacted by both sides several times in a day, depending on the nature of the case. Sometimes, your presence will also be required and a number of questions can be asked of you in order to help you get a better understanding of the matter.
Some other important things that you might be asked to discuss are how to proceed in the court case, how you will address your concerns in a written report after the mediation session, if you will bring witnesses and what kind of evidence you will need to present. and when and where to call for a break.
There are many ways that you can communicate with your mediator, including telephone, emails, a website and instant messaging. Many mediators have web sites where you can go online and ask questions about a particular case. However, you should make sure that the site you choose is reliable and that the mediator you use is registered to do business through that site.
Another important part of mediation is that it gives you a chance to talk to your partner about his/her issues and concerns. You might need to discuss child care or emotional problems, for example, and your partner will need to see that you are concerned about his/her needs and wants. In that way, he/she will be more likely to accept an agreement between you and the other party.
Even though mediation is a relatively painless process, it still requires time and patience on your part for good results. The mediator will ask you many questions, so it is necessary to listen carefully, understand the information, respond in a mature manner and take notes at all times.
You may need to wait for some time after the mediation to hear back from the other party. If the answer is negative, don’t panic. It could just mean that they are not ready to enter into an agreement yet.
Once you have reached an agreement, you can then begin working on resolving the issues that the mediation helped to bring to light. You can go back to your normal daily routine as well.
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