What Should You Expect From A Mediation And Common FAQs
Mediation is the process whereby a mediator is the third party who assists a dispute occurring between two parties. Legal matters can be difficult – we know first and foremost how hard it can be. Unlike a judge, a mediator is supposed to be neutral ensuring both sides are equally heard. That way, both parties can hopefully find an agreeable solution without having to go to court. Whether you are in the process of undergoing a mediation or new to approaching a lawyer, here are the many things you should expect from doing a mediation. Let’s take a look!
What Is A Mediation?
As we’ve just mentioned, mediation is a discussion set between differing sides with a neutral legal mediator in between to help find a resolution for your particular matter. Because of the recent occurrence of the COVID-19 pandemic, this had led to the reliance on online mediation whereby all the same processes are done via video call, on the phobe, or through an email exchange.
When it comes to the mediation process, there are many different types to suit depending on the type of case being disputed. The right lawyer will provide you with the right kind of mediator to help you get the best outcome for your situation.
What Steps Are Involved In The Mediation Process?
Typically, your mediator will first begin by meeting each party individually to do an intake session to go through any questions or issues they may have which can either be done in-person, over the phone or through a video call. The legal representatives will then provide their opening statement in the representation of their clients.
Through this, the information provided will help facilitate and structure the negotiation. As a result, the mediator will therefore understand what both parties have common ground in and what they don’t.
The mediator typically then gets either party to have options for their settlement. Usually, this means that one party has to make an offer which is usually not shown right until an agreement has been made. Negotiations are usually made separately or through a joint session either in person or online.
In cases whereby the couple is separated and filing for a divorce, you may decide to perform the mediation separately. This involves a continual exchange between the two parties, typically done through an email exchange to find an agreement. The reason this might be a great solution is that it helps couples who have communication issues with each other find a way to calmly resolve their issues without meeting face-to-face. Therefore, this allows both parties to perform the mediation without the fear of their partner confronting them.
Previously, a mediator would physically switch between rooms but with the advancement of technology, people could move between the two parties online. This makes the whole mediation process a whole lot easier.
Is It Ok To Have A Support Person During The Mediation?
Yes, it is ok to tag along a family member or loved one. They can assure you that you will always have someone to be there to help you during a mediation session. It is important that whoever you bring must not cause conflict or ruin the future of the settlement. Therefore, you must be required to mention the name of the individual you want as your support person and what your relationship with them is with your lawyer before allowing them to join you for an appointment.
What Are The Duties & Responsibilities Of The Mediator?
As the mediation process is very dissimilar to a court proceeding, Your lawyer or in the case mediator will act incredibly different to how they would behave in court. In a mediation, your legal representative would act more fairly rather than confrontationally, ensuring that you get the best solution for your case. Whereas in court a lawyer would more likely advocate. But in mediation, taking an aggressive stance will ruin your chances of getting a good outcome.
If you’re looking to undergo mediation, it is important to be prepared and have a thorough strategy for the best end results. If you have any more questions regarding mediations, feel free to get in touch with our team today!