What is Mediation?
Mediation is a process where parties in conflict work with a neutral person (the mediator) to help them to resolve their disagreements. Mediation can be more beneficial than litigation as it is less expensive, faster, and the parties retain more control over the final outcome because you can customize your agreement. Mediation helps maintain positive relationships between the parties and a mediated agreement is more likely to be obeyed than a court order.
Expense – with both mediation and litigation you pay for the mediator’s or the attorney’s time. However, with litigation you will each have an attorney and you will be paying for the attorney’s time communicating with you or with the other party’s attorney, in preparing for court and in going to court. With mediation, you will be paying for half of the mediator’s time (the other party generally pays for the other half unless you have reached a different agreement regarding the sharing of fees) and the time is generally spent discussing how you both feel the case should be resolved and preparing your agreement. Time – cases scheduled for trial may be scheduled months in the future. Generally, mediation can be scheduled within a week to a month. Retaining control – when a case is litigated, the judge makes the decision about what will happen. In mediation, you both agree as to what will happen. In both instances, you may not get everything that you want, but with mediation you choose which things you are willing to give up in order to reach an agreement. |
Who benefits from mediation?
Mediation especially benefits people who will have to continue to have a relationship (such as those who share parenting of children, neighbors, family members). Mediation can be used for the following types of disputes, among others:
- Dissolution of Marriage (divorce)
- Allocation of Parental Responsibilities (custody)
- Modification of Parenting Time
- Modification of Child Support
- Post Decree Matters
- Neighbor Disputes
- Landlord/Tenant Disputes
- Dissolution of Marriage (divorce)
- Allocation of Parental Responsibilities (custody)
- Modification of Parenting Time
- Modification of Child Support
- Post Decree Matters
- Neighbor Disputes
- Landlord/Tenant Disputes