How Mediation can be Used to Resolve Disputes

If you, a friend, or a family member have ever been involved in a legal battle, you have probably heard of the concept of mediation.  This is a way in which two or more parties can come together to work out a mutually agreeable settlement.  It is a process of negotiation and facilitated by a neutral third party mediator.  The mediator will assist the parties in defining the issues at hand, resolving the issues, and negotiating a settlement that all parties can agree on.

It is a given fact that in this negotiation process no party will get all that they want.  The process involves give and take for a settlement agreement to be reached and be successful.  In order for these attempts to be successful, the parties must be standing on equal ground with no history of infractions such as violence or abuse, and the parties must feel free to express their opinions, needs, and desires.

Stages of Mediation

There are several different stages to the process of this type of negotiation.  Generally there are five important steps:

Introductions

The mediator introduces who they are and lays out the ground rules for the negotiation process, such as giving common courtesy and not speaking over one another.

Listening and Clarification

During this stage the mediator asks all sides to tell their stories and highlight the facts in the case.

Problem Clarification

In the third stage the conflict or problem is clarified and defined.  The underlying concerns of each party are identified by the mediator.

Searching for Common Ground

In this important stage the mediator will ask the parties to identify what they feel needs to be done in order for the conflict to be resolved.  The mediator asks for the opinions and suggestions of all involved.  He or she will then see if there is common ground for a solution and if the parties agree on a solution.  If all parties agree on the solution, the final agreement is written out by the mediator.

Agreement

During this final stage the mediator is responsible for making sure all parties understand and agree to the resolution.   Ideally, the final agreement is reached and signed.

The Benefits of Mediation

This process can be beneficial over going to court or other methods of dispute resolution for various reasons.  Many times this process can be cheaper on all parties compared to hiring divorce lawyers and potentially going to court.  It also is a much faster process over going to court.  Finally, it allows for the input of all parties and does not ask an outside party to impose solutions that neither involved party may agree to.

If you live in the Toronto area and are facing a divorce you may be looking for legal representation.  You want fair and professional representation to help you through this difficult time. Each individual Toronto family lawyer at Fine & Associates will be able to assist you, no matter how big the problem may be. Divorce lawyers come in all shapes and sizes, so choose one that fits your needs.