Mediation is the constructive way of resolving divorce disputes. Parties are requested to come to mediation in good faith with the best interest of the children as their main concern. Mediation is a positive process of sitting down informally outside of a courtroom to resolve matters or at least hear where the other party is coming from in a confidential non confrontational manner. The goal is to reach an agreement that the parties have entered into voluntarily.

When would there be mediation?
A range of lawsuits and/or potential lawsuits are resolved via mediation, including divorces, employment cases and contract and business disputes. Judges often order disputing parties to mediation, however, some individuals agree to mediate before a judge has ordered it. Individuals may also agree to pursue mediation before a judge orders them to mediation  and even filing a lawsuit.

Positive aspects of Mediation
When comparing mediation to litigation, mediation is a less expensive and shorter process. It is also an empowering process because those involved are the ones that make the decision.  There is also less animosity when people resolve their issues through mediation as compared to when a judge makes a decision.  In mediation the parties compromise, thus, there is no loser and if there is an agreement it is a win-win situation.  

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What mediation is not

• Mediation is not marriage counseling: it does not deal with the conflicts which led to the breakdown of the relationship or the emotional issues arising from it. However, in some instances the aspects leading up to the divorce and separatin are discussed.

   

• Mediation does not aim to bring the couple back together but this may occasionally happen when communication between ex-partners improves.

   

• The mediators do not provide legal advice. This is the role of solicitors as a neutral third party/ However, the mediators can give information on some legal or other relevant matters.

   

• The mediators do not take sides. They are impartial.

   

• The mediators do not try to influence the outcome. The couple make their own decisions.