The mediation process provides a voluntary and confidential setting for individuals in conflict to meet with a neutral third party to discuss their issues and explore solutions that are mutually satisfactory. Mediation sessions are scheduled at the convenience of those in the dispute.
In a mediation, an impartial and specially trained neutral person called a mediator helps people in conflict define their issues, explore options and reach practical, workable solutions they can agree to live with. It also enables people to repair important personal and business relationships that may have become damaged in the course of the dispute. Mediation saves time, money and energy compared to litigation and is usually less stressful for everyone involved.
Mediation services are available at most installation legal assistance offices, as well as from private mediation centers and some community mediation organizations. Military installations provide free mediation services.
If you are considering mediation for a divorce, custody or family law matter, workplace issue, real estate problem, contract dispute, insurance claim, or any other kind of legal conflict, there are many questions you need to consider before contacting a mediator. For example, how will the cost be determined? What are the mediator’s fees and policies? What role will the participants’ attorneys and therapists play in the mediation, if any?
Before selecting a mediator, it is best to interview potential candidates. Some mediators are self-employed and you can interview them directly, while others have a staff who will help with the selection process. During an interview, ask the mediator to explain their approach and how they will handle your case. Ask for references and talk with previous clients about their experience with the mediator and whether they were satisfied with the result.
Generally, you will find that most mediators are experienced in a wide range of legal issues. However, some mediators have specialized skills in certain types of cases such as environmental or domestic matters. Determine how much subject matter expertise is important to you and discuss this with the mediators you are considering.
The emotional content of a conflict can be a major obstacle to effective resolution, so it is important that all participants try to control their emotions and not allow them to interfere with the mediation process. The mediator can help by discussing any underlying emotions with the participants and by allowing them to share their feelings and needs in private.
Mediation is a useful tool for most legal disputes, but it may not be appropriate in some situations, including when a party refuses to be honest or when there is a physical threat. Likewise, it may not be appropriate for couples who are not able to communicate without fighting or are experiencing emotional abuse. You should consult with an attorney before proceeding with mediation to be sure it is the right course of action for you. A successful mediation can lead to a better, healthier relationship and save valuable time and money for all parties involved.