Mediation is a negotiation process in which two or more parties use a neutral and impartial third party (mediator) to assist them in resolving a dispute or planning a transaction. The primary concern is not legal rights but shared interest and values. It is not the function of mediation to determine who is right or wrong.
Because mediation is a confidential process it works effectively when the disputing parties participate in good faith and are willing to share their real needs and interest with each other and the mediator. Courts have recognized a mediation confidential privilege of information based on public policy considerations.
In mediation a neutral and impartial facilitator acts to assist the parties and encourage the resolution of a dispute. It is an informal and non-adversarial process with the objective of helping the parties reach a mutually acceptable agreement. (Dispute Resolution Services, http://www.ninthcircuit.org)
The final agreement (stipulation) is considered a contract and is enforced under the general principles of contract law.
Are you contemplating a divorce? Why not try "Marriage Mediation" to see if you can resolve unresolved issues? Marriage is a time accumulative and financial investment between two people; is your marriage worth a mediation session to work out your issues? Call our office to see how we can help. (407) 483-4469
If your answer to these questions are yes, then mediation is the right step for you to pursue. Keep in mind, that many courts now require mediation prior to litigation. Check with your local court or an attorney if you are not sure. If mediation is the right step for you contact Hickman Mediations & Arbitrations LLC., we put our clients first.