Mediation--An Overview

Mediation—a process which people are often familiar with, yet which is often quite misunderstood.

 So—what exactly is mediation and how can it work to your benefit?

Mediation is, quite simply, a form of dispute resolution where a neutral third party helps facilitate a conversation with the ultimate goal of reaching a consensual resolution. 

The key difference in that in mediation, the parties choose to jointly retain an attorney (or other professional) to facilitate their discussions.  The mediator is a neutral who does not—and cannot—provide legal advice.  The mediator is not advocating for either side; rather, the mediator helps the parties jointly resolve their issues through various techniques. 

Mediation is a confidential and private process.  A successful mediation will result in the parties entering into a Memorandum of Understandings which is typically brought to their individual attorneys to “review” the agreement to make certain that both parties entered into the agreement knowingly and voluntarily.  The Memorandum of Understanding is then conformed into a formal Marital Settlement Agreement—at which point the parties can proceed to obtaining a Judgment of Divorce.

Mediation is a wonderful, cost-effective alternative for many couples.  Check back over the next few weeks for additional blog articles about the Mediation process, the role of the mediator and the pros and cons to determine whether this option is right for you.

David Cardamone