What is Mediation?
At its heart mediation is a place and time as soon as an impartial third party attempts to help two disputants find a common, workable solution. Typically it follows a proven format which allows each party to air their concerns and to focus on mutually satisfactory results. Skilled mediators can direct the conversation forward but don’t interject their answers. Voluntary, self-determination by both parties is a guiding principle.
What is a Typical Mediation Process?
Mediation processes may fluctuate greatly depending upon the mediator, parties, or problems. Face to face mediations may suggest one procedure; Shuttle mediations with parties in different locations may suggest another. Here is a common scenario:
Often, a party contacts the mediator or intake individual who will help figure out if the dispute is appropriate for mediation. When mediation appears to be proper, the other party could be invited to take part and a date and time determined. The process of intake can be complicated and if important time must establish the mediation, clients should expect to compensate for the mediator for services. On occasion the intake requires more time than the actual mediation.
Mediators usually spend some time before or at the beginning of a session describing the process, roles, and expectations and signing an agreement to mediate. They then have each customer share some history of the dispute and what they expect to accomplish in the mediation. Typically the mediator will outline the statement of every party to be certain of a clear comprehension. The mediator may inquire further on a few issues to guarantee clarity and understanding.
Commonly mediators next proceed to an agenda or list of issues to be resolved and parties concur on where to begin. Issues by issue agreements are negotiated. Based on the character of the conflict agreements are captured in writing as they’re created or in the conclusion when all issues are verbally resolved.
The written arrangements take many forms and may vary from contractual language to written understandings. The character of the conflict and needs of these parties will determine the appropriate form and content of agreements. Parties can agree that they intend the arrangements to be enforceable. Agreements sometimes affect legal rights and also the mediator may ask that parties acquire legal services before signing binding arrangements. Mediators are careful not to urge individual parties and when an attorney serves as an impartial mediator they frequently advise clients to seek independent legal advice before committing to an agreement. Clients are often encouraged to manage arrangements within their own words to guarantee their intent is suitably recorded.
If you are going through a legal matter and wonder if a mediator would be beneficial, please contact us today at (281) 306-6616. We strive to assist our clients in taking whatever steps necessary to put their needs first and foremost and will work with you towards the best possible outcome in your case.