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Mediation is essentially a negotiation between the parties, using a
neutral third party to guide the process with effective negotiating
procedures.
The mediation process is intended to be an alternative to
the high-conflict, adversarial environment of court. The mediation
occurs in a neutral, safe and confidential environment.
The
mediator is not a decision-maker, nor does she provide legal advice.
Rather, the mediator helps the parties to work together to allow them to
structure a mutually acceptable settlement of disputed issues. The
parties control the outcome of the negotiations and therefore are more
likely to be satisfied with the results.
The
mediator helps the parties to clarify their issues and underlying
needs. Sometimes the parties themselves need help in determining what’s
important to them. Further, the mediator provides the parties with
techniques which allow them to more effectively and constructively
communicate which each other. While the mediator does not attempt to
solve the parties’ dispute, she can help them focus on
problem-solving. Whatever is discussed in a mediation session is
confidential. Because of this, the parties frequently feel more
comfortable in brainstorming different solutions.
The
parties can choose whether they want attorneys to be present at the
mediation. If an agreement is reached, as attorney-mediators, we can
prepare the documents for you.
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