A non-adversarial process in which the mediator represents neither party and is a “facilitator of a process” (a neutral, impartial person) whose role is to help the parties communicate in a non-argumentative and productive manner. Mediation provides a safe environment with professional assistance and structure to enable the parties to explore the specific issues in divorce, separation, or related matters that need resolution. The parties are strongly encouraged to retain and utilize their own legal counsel for advice throughout the mediation process. The process affords the parties the opportunity to resolve the disputes together, outside of Court. It further preserves their self-determination and privacy, rather than having a third party make the critical decisions for them. Through the mediation process a foundation is established for the parties to communicate and allows for a greater opportunity for the parties to be able to communicate in the future when additional questions and concerns arise. This occurs most commonly with regard to the parenting of their children. Parties who mediate frequently realize this benefit which is not commonly found following adversarial proceedings.
The Mediation Process is less expensive than Litigation. However, Mediation requires commitment from both parties as to their willingness to undergo an intensive process, to be respectful to the other, to be forthright and cooperative, and to have an open mind to creative problem solving that can result in mutual benefits to both parties and especially their children.