| Mediation is a cooperative dispute resolution process in | | | | independent legal advice. At a mutually agreed upon |
| which an impartial third person facilitates | | | | time during the mediation process the lawyer mediator |
| communication between the parties to help them | | | | will provide the parties with any legal information they |
| reach a mutually acceptable resolution. | | | | request. They may or may not decide to use this |
| The process is voluntary, informal, private and | | | | information when constructing an agreement. Some |
| confidential, and places the decision-making process | | | | wish to reach an agreement without knowledge of the |
| with the clients while focusing on their needs and | | | | likely court outcome while others choose to use the |
| interests. | | | | possible outcome as a framework for their agreement. |
| It is the impartial mediator's responsibility to provide | | | | Once the resulting agreement has been drafted, the |
| structure and ensure a safe environment for | | | | parties must then take it to an independent lawyer for |
| communication. The mediator also manages conflict, | | | | review. Once any final revisions are made, the lawyer |
| collects and organizes data, provides education, | | | | mediator will prepare and file the necessary |
| conducts negotiations, and assists the parties in | | | | paperwork with the court. |
| evaluating options. Once the parties have reached an | | | | There are several methods of dispute resolution. |
| agreement, the mediator will draft and file the | | | | Determining which you use is an individual choice. In a |
| necessary court documents. | | | | family law dispute where children are involved, a |
| Where as litigation may take from nine months to two | | | | husband and wife may decide that they are best |
| years, the mediation process allows flexibility outside | | | | served by entering into mediation. This method gives |
| the limited legal remedies available at law, with the | | | | the clients the most control over the process while |
| clients determining the pace of the process. Nothing | | | | minimizing conflict and maximizing cooperation key to a |
| happens without mutual consent. Resources are | | | | future co-parenting relationship. |
| conserved while preserving options for future litigation | | | | In the event that one or both parties to a conflict feel |
| or arbitration. The parties may decide to participate in | | | | that they need protection from the other or less |
| mediation at any time without limiting their future legal | | | | contact and more structured guidance, the |
| options. | | | | collaborative process or even litigation may be |
| A lawyer mediator does not give either party | | | | considered. |