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In mediation, parties choose to work towards resolution of any issues between
them with a neutral third-party mediator. Mediation is a voluntary process that works
best when both parties are equally committed to it.
In contrast to litigation or collaborative law, in which the parties are represented by and
communicate through attorneys, mediating parties directly express their own interests,
needs and expectations and draw upon their own expertise in resolving the personal,
scheduling and financial issues for their family. In mediation, we meet with both parties together and facilitate discussion between them with the aim of achieving a resolution that is acceptable to each party.
Pros of Mediation:
• Cost effective
• Avoids the polarization and the emotional toll of adversarial approach
• Parties set the pace and timeline
• Parties determine how to prioritize issues
• Encourages cooperation between the parties which paves the way for
future communication
Considerations:
• A mediator does not represent either party
• Mediation is not for those who cannot be their own advocate
• Mediation does not work when there is a power imbalance between the parties
• Mediation is not for those uncomfortable with expressing their own true
feelings to the other party
• Mediating parties cannot rely on an attorney to negotiate for them
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