Written by Tana Fye

Mediation is a process where a neutral third party, the mediator, helps disputing parties find common ground and reach a mutually agreeable solution. It emphasizes understanding the interests and priority of the parties, over determining right or wrong or creating winners and losers. It is often used as a settlement tool in different kinds of court cases, including divorce, child custody, and civil litigation.

The Mediation Process:

  1. Opening Communication: The mediator creates a safe space for open and respectful dialogue.
  2. Identifying Issues: Core concerns and underlying interests are identified.
  3. Exploring Solutions: Parties brainstorm potential resolutions collaboratively.
  4. Building Consensus: Parties evaluate options and work together towards agreement.
  5. Formalizing the Agreement: The mediator assists in formalizing the mutually acceptable resolution.

The mediator often uses a combination of bringing the parties and  their attorneys together for conversation, as well as separating the parties into different rooms and going back and forth to try to come to a resolution. In the COVID/post-COVID era, it is common for mediation to occur through videoconferencing platforms such as Zoom.

 

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