Mediation is an alternative to litigation, where a neutral mediator helps parties reach an agreement. It may be mandatory or voluntary, and is commonly used in divorce, contract, and will disputes. Mediation techniques include information gathering, listening, educating, and negotiation. The mediator does not make legal decisions, but helps parties reach a mutually acceptable agreement.
Many courts order or offer mediation as an alternative to litigation that gives litigants an opportunity to reach an agreement outside of court. In most cases, a mediator is an attorney who has received specific training in how to mediate legal disputes. A mediator is a neutral party and does not make legal decisions. Her only function is to try to help the parties to reach an amicable settlement. The best and most effective mediation techniques include gathering and listening to information, as well as education and negotiation.
Mediation may be mandatory or voluntary, depending on court policy or the law in the jurisdiction where the case is brought. Mediation is commonly ordered in disputed divorce cases, contract disputes, and contested wills, among other types of legal cases. As a rule, mediation is not binding on the parties, which means that if the parties do not reach an agreement, the case will simply go to litigation in court.
Information gathering is one of the most important mediation techniques. While parties have an opportunity to present relevant information before mediation, a good mediator usually spends a lot of time with each party at the start of the mediation trying to gather information and understand each party’s point of view. The mediator usually wants background information about the lawsuit, as well as getting an idea of each party’s profits.
Listening to the parties involved in the mediation is another of the crucial mediation techniques. The mediator must understand what each party is trying to achieve in order to be effective. He or she must be able to clearly and concisely express each party’s concerns to the other party during the negotiation phase of the mediation. The only way a mediator can achieve this is by listening carefully to each party both before and during the mediation session.
Educating the parties to a mediation is often another of many necessary mediation techniques. Although the parties to a mediation are often represented by a lawyer, they need not be. Consequently, a good mediator must understand the law and is often required to educate a party about his or her legal position during a mediation session.
A good mediator can also boast negotiation skills among his mediation techniques. While a mediator doesn’t take sides, he is responsible for negotiating on behalf of both parties in an attempt to reach an agreement. A good mediator will be able to negotiate from a neutral position and reach a mutually acceptable agreement.
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