Life Transitions
Mediation
Better outcome
Mediation, or assisted face- to -face discussion, is having a skilled, neutral person help you and your partner talk and find solutions together.
Mediation can lead to better outcomes for both of you (and your children, if you have them).
Instead of fighting or arguing, partners work together with a mediator to better understand each other's needs and reach mutually acceptable and respectful agreements.
The mediation process improves communication and manages conflicts, leading to more positive and healthy relationships between parties.
Mediation is a process that offers a better outcome for both individuals involved in a dispute or separation.
It is a constructive alternative to litigation or adversarial approaches, aiming to facilitate open communication, mutual understanding, and mutually acceptable solutions.
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I believe that Mediation should be the first choice for conflict resolution because it is a legal process that helps resolve a dispute in a non threatening way that can benefit both parties.
Its goal is to let everybody have their say or be heard in a safe non judgmental environment. Even if they agree to disagree on isues or content.
The mediator does not pick sides or make decisions. The mediator helps the parties in the conflict find a unique lasting solution that will work for them.
Lawyers are trained to litigate or defend a clients chosen position or wishes. Ultimately the defense takes the matter to court and a judge decides.
Unfortunately the courts are so busy that most family law cases are sent back to mediation or arbitration where it is then often settled out of court.
In my opinion it makes much more sense to go directly to mediation and save substantial legal costs.
The added benefit is the possibly improved emotional outcomes for all the friends and family and even children when a calm process of mediation is followed.
"Mediation is when two persons with a conflict sit down with a neutral third party in an attempt to come to a peaceful resolution of that conflict." (Kessler 1978 )
In the mediation interest-based model, the goal is to find common ground and solutions that satisfy everyone involved.
It starts with each person sharing their needs and concerns.
The mediator helps clarify issues and encourages open communication.
Then, both parties work together to brainstorm solutions, considering each other's interests.
It's a cooperative process that aims to reach agreements that benefit everyone and resolve conflicts amicably, promoting fairness and understanding.
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Updated: November 2023
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