What is Mediation

Mediation is a voluntary process. The mediator cannot force, and does not try to force, either party to accept a particular agreement. In fact, the mediator has no power to force anyone to do anything. It is the mediator's sole purpose to assist the parties through the process to reach an agreement which is acceptable to all of them.

Is mediation successful? Yes! Although no process is perfect, the vast majority of disputes taken to mediation are resolved. It is also cost-effective. The mediator is paid on an hourly basis. The cost of mediation depends entirely upon the length of time that it takes to reach agreement. Normally this cost is split between parties. The mediation process is cost-effective for several reasons. Disputes which go to mediation tend to settle quicker and with less animosity among the parties than do disputes which simply follow the litigation route. An additional benefit of mediation, particularly in domestic disputes, is the fact that mediated agreements are more likely to be obeyed by all parties than are orders which are imposed by a Court. This results in less future litigation.

Civil Mediation

In a civil mediation, the mediator meets with all of the parties and their attorneys (if they are represented by counsel). Once the mediator has heard each party's side of the dispute the mediator will normally separate the parties and work with each side separately to try to narrow their differences. The mediator employs various mediation techniques to assist him in bridging the gap between parties. Although there is no perfect process, this intervention by the mediator, is generally successful eighty-five to ninety percent of the time in reaching resolution of the dispute.

Domestic Mediation

Research also shows that compliance with mediated agreements is higher than with imposed court judgements.  The result is less post-divorce litigation.