Mediation and Different Stages of Its Process

There is no doubt that pursuing any type of lawsuit can be costly. To make the process short and less stressful many people use mediation, to resolve a dispute informally. Divorce mediation is a way to find solutions to different types of issues such as spousal support child and custody. It is a process that acts as a good alternative to the formal litigation process in divorce court.

For mediation, an experienced mediation attorney is hired by both parties. At such a process the attorneys of both the parties meet with a third party that is generally appointed by the court to reach a mutual decision. This third party, used for such processes is known as the mediator, whose job is to assist the spouses in negotiating a decision to their divorce.

Divorce mediation gives the opportunity to the parties to discuss their issues, and clear up their disagreements so that they can come to a compromise that is acceptable to both. The process of mediation is less lengthy as compared to other lawsuits. The different stages of this process are as such:-

Stage 1: Opening Statement:-

The first stage includes the opening statement by the mediator. When the disputants sit at a table, the mediator starts the process by introducing everyone. After this, the mediator explains the rules and goals of the mediation to both the parties and their attorneys. The role of the mediator at such a stage is to encourage both parties to work cooperatively towards the settlement.

Stage 2: Opening Remarks:-

While following the introduction of the mediator, each side gets the opportunity at such a stage to present its view regarding the dispute clearly without any interruption. Here both the parties are invited to describe the dispute along with its consequences, which can be financial and otherwise. At this stage, the mediator sometimes also entertains the general ideas regarding the resolution. During this stage of the mediation process, no party is allowed to interrupt, when one person is speaking.

Stage 3: Joint Discussion:-

After opening remarks the mediation process moves towards the joint decision. At such a stage the mediator plays an important role by encouraging the parties to directly respond to the opening statements. This can be done on the receptivity of the participants to further define the issues. This stage allows the disputants and the mediator to freely ask questions with the purpose to arrive at a better understanding of the needs and concerns of each party.

Stage 4: Private Caucuses:-

When the emotions during a joint session run high, the mediator split both the parties into separate rooms. This is done for caucuses or private meetings. The caucus gives the chance to both parties to privately meet with the mediator. The mediator then discusses the strengths as well as weaknesses of the position of each party and knows the capability to exchange offers. These private meetings with the mediator also comprise the guts of mediation.

Step 5: Reaching a Settlement:-

This stage involves reaching a settlement which is done by helping the parties to understand the actual reality of their situation. It helps the parties to give up rigid positions, and then create options for the settlement by created and offered by the mediator. At this stage, the mediation attorney is allowed to conduct as many separate sessions with both parties as necessary.

Stage 6: Closure:-

This is the last stage of the mediation process in which the mediator puts its main provisions in writing, if both the parties reach an agreement, and then also ask them to sign the written agreement. In case the parties didn’t reach an agreement, then the mediator helps them determine that either it will be better for them to meet again later or they should continue the negotiations by phone.

Reape-Rickett Law Firm provides accomplished legal representation in divorce, annulments, domestic violence restraining orders, paternity, child custody and visitation.