Mediation, a process that seeks to resolve disputes amicably and efficiently, holds the key to peaceful resolutions in various contexts, from business disputes to family conflicts. Just like obtaining a liquor licence, understanding the intricacies of mediation services can be a pivotal step in achieving desired outcomes. Mediators serve as neutral third parties, facilitating productive conversations and helping parties find common ground. They unlock the potential for compromise and agreement, saving time, money, and emotional stress. Whether in the realm of business, law, or personal relationships, mediation services can be a valuable tool for unlocking resolutions that benefit all parties involved.
Also mediation is an informal and flexible conflict resolution process that can help parties to express their complaints and work to find a solution at minimal cost. The role of the mediator is to guide the parties to their own resolution, by helping them define problems clearly, understand the other's position and approach resolution. In mediation, a neutral external mediator encourages both parties to present their views and helps them work out a mutually acceptable agreement. Ideally, mediation services allow parties to resolve a dispute before a judge or jury makes the final decision. Sometimes mediation happens before lawyers get involved, which is commonly referred to as “pre-lawsuit mediation.” Mediation is also used after a lawsuit has been filed.
Since 80 to 90% of all cases are resolved during a mediation session and since most judges now do not give the parties a trial date before they have gone through the mediation process, it is important to know what mediation is and how it works. The mediator does not represent either party or provide legal advice. Rather, the mediator uses years of experience in family law and problem-solving skills to help the parties work to resolve their problem. The family law mediator works to achieve a solution that both parties are satisfied with and that both parties have made substantial contributions and have made their voices heard. In addition, Attorney Masington has given several seminars on family law topics, has served as a specially designated teacher for divorce cases in Monroe County and, most recently, became one of the only certified mediators in the area by completing his training in mediation through Good Shepherd in Philadelphia, Pennsylvania. Confidential mediation submissions are kept in strict confidence by the mediator and are not shared with other parties without express consent. When the talks begin, it is important for mediators to carefully explain the context of mediation and its objectives and procedures, as well as any alternatives, to the parties.
However, it is important to keep in mind that your interests and those of those offering mediation services may not be the same. The mediation guidelines will be reviewed and the mediator will briefly summarize the topics he has heard. However, mediators must recognize the complicated power dynamics that are likely to be present during mediation. Methods for developing options may include group processes, discussion groups or subgroups, the development of plausible hypothetical scenarios, or a mediator proposal in which the mediator presents a proposal on the table and the parties take turns modifying it. In addition, mediation allows you to move more quickly through the process, since it allows you to set the mediation schedule, rather than having to wait weeks and sometimes months for a vacancy to appear in court. Assuming that a satisfactory resolution is reached, before leaving the mediation session, the mediator draws up a binding agreement that all parties sign.
In the late 1990s, several start-ups began offering electronic mediation or online mediation services to organizations and the general public. The initial mediation session is an initial one-hour meeting that can be followed by as many additional mediation sessions as needed to “reduce” and ultimately resolve the issues in question.
