7 Stages of mediation
Mediation is a method for resolving any disputes between you and your ex-spouse with the assistance of an impartial third party. The third party is known as a mediator. They can assist you in settling disputes involving money, property, or children.
You can attempt mediation before contacting an attorney. If you consult a lawyer first, he or she will likely discuss whether or not mediation could be helpful.
Stages 1 of 7. Selection and referral of the mediator
Agreeing on a mediator – after you choose a mediator, they will then contact the opposing party. From that point you’ll be able to proceed to the next step
Stages 2 of 7. Agreement to mediate
This phase consists of the preliminary measures to appoint the mediator. Before proceeding to the next phase, the guidance provides a sample contract for the appointment of a mediator, which must be signed.
Stages 3 of 7. Informing the mediator
The toolbox also contains the mediation agreement, which outlines the real conditions under which the mediation is conducted. As the procedure is adaptable, it can be tailored to the specifics of the disagreement. For instance, the parties can decide if they would pay for their own mediation costs.
By the conclusion of this phase, the parties and the mediator will have signed the agreement and presented the mediator with a summary of the disagreement.
Stages 4 of 7. Establishing the process
By the end of this phase, the mediator will have accepted with the parties on the right strategy, taking into account: the amount of money at stake; any time constraints, for instance, a stalled live project may require an urgent meeting; and any third parties that should be invited to participate in the process, such as the architect or a subcontractor.
Stages 5 of 7. Information exchange
Each party will produce a note informing the mediator of the dispute’s important points. This should be concise. Remember that mediation is neither litigation or adjudication. There is no requirement for formal case statements to be exchanged. A “position statement” may be drafted, but it is not need to be a formal document written in the legal format of a claim.
It can be aggravating when a party withholds information that is only revealed during the mediation session; therefore, the mediator may propose that material be disclosed beforehand if it is likely to be helpful.
Stages 6 of 7. The mediation conference
After laying the groundwork, the next step is the mediation meeting. This will be explored in further detail in next month’s article, but the purpose of meetings is to enable parties examine significant conflict issues and determine whether a resolution is achievable.
The mediator will have a sense of how the meetings should be structured: privately, with just the mediator present; openly, with all parties present; or uniquely, with only the participants or their attorneys.
The mediator may “test” the parties’ knowledge of technical and legal matters. A skilled mediator will assist the parties in evaluating risk and developing innovative settlement proposals. A settlement may include a number of things, which is unlikely to be obtained through adjudication or court processes.
Stages 7 of 7. The result
The parties will put the agreement in writing and sign it. Then, it is time to shake hands and return to business. The terms of the settlement will provide certainty as opposed to the ambiguity and risk associated with a judgement or arbitrator’s decision.
The parties’ connection may have been preserved and possibly even strengthened. Significantly, the project has advanced.
Call Family Mediation Service for more information on how we can help you. We have expert mediators ready to help you with your dispute or conflict – we can assist you.
