A mediator is a trained professional who helps people resolve conflicts. As a method of resolving a wide range of disagreements, mediators offer an alternative to litigation. As more people seek to avoid long, expensive legal options, the use of mediators has risen dramatically in the last decade. With the exception of criminal cases, mediators can be used to resolve a wide range of issues and disputes.
A professional mediator’s main areas of focus are business or civil disputes and divorce court disputes. The overall process is the same, despite the differences in the details. Simple civil and divorce cases are increasingly being referred to mediation as a first step before going to court. This method helps you save time, effort, and money.
When both parties agree that they want to avoid going to court but need an impartial third party to help them resolve their differences, they contact a mediator. Both parties sign a legally binding agreement to follow the mediator’s decision. Each side submits a written summary of the key issues and the resolution process so far to the mediator. The mediator arranges for a meeting to be held in a neutral location and decides who should attend. A series of meetings are held in order to find common ground, discuss the desired end result for both parties, and negotiate a deal.
In a business dispute, the mediator may begin stating well-known facts. He or she can then break down the issues and try to reach a compromise that is acceptable to both parties. The procedure takes several weeks on average, but it is much quicker than a full court trial. A legally binding agreement or contract is signed at the end of the process. The mediation process is not appropriate in cases of wrongful death or where criminal charges may be filed, but it is extremely useful in the vast majority of other disputes.
A mediator in a divorce or family court case follows a similar procedure. The only significant difference is that each client is usually given and signed a set of rules of conduct. These rules spell out what is and is not acceptable behavior, as well as how to address the other party and request a break in the proceedings. Many divorce and family law attorneys strongly advise their clients to first try mediation. The attorneys take part in the process and collaborate with the client to find a fair and acceptable solution.
To become a professional mediator, there are no formal requirements. Many successful mediators are trained lawyers who have taken additional mediation and conflict resolution courses. Mediator selection can be based on a referral or as a service provided the law firm. In some states, a combination of experience and education can qualify a mediator for a specific type of court.