Mediation is a popular way of resolving everything from family disputes to disagreements involving multi-million dollar commercial contracts.
Mediation is a process of dispute resolution, which encourages the parties in a dispute to identify the issues, explore possible settlement options, and to negotiate a resolution, which is acceptable to them.
Instead of having a judge, magistrate or arbitrator impose a decision, an impartial person – the mediator – facilitates the process, and if the dispute is resolved to the parties’ satisfaction, the mediator helps the parties to set out their solution in the form of a written agreement. It is up to you to reach an agreement and decide what is included in the agreement thereby retaining control of the outcome. This agreement can be made legally enforceable by turning them into Consent orders, usually by your lawyer.
The mediator will not make a decision for the parties. During the mediation process personal considerations maybe taken into account and if desired, there can be an emphasis on creating and maintaining a form of parental alliance or co-parenting arrangement, particularly important where children are involved.
Mediation empowers you to put creative solutions into motion by unlocking your imagination and individuality. It presents the opportunity to improve relationships by expressing differences constructively, gaining insight into interests of the other party, and developing mutual understanding.