Mediation is the process in which a neutral person facilitates discussions between two opposing parties regarding issues that exist between them, with the expectation of helping the individuals reach an agreement. The mediator should also inform the participants that:
- Mediation is a consensual process;
- The mediator is an impartial facilitator without authority to impose a resolution or adjudicate any aspect of the dispute;
- All communications made during the process of the mediation are confidential (to include the private meetings), except where disclosure is required by law (threats, domestic violence, abuse of children and/or the elderly, or when the parties agree to disclose);
- The participants are in charge of the mediation issues – whether to settle or not; and
- The mediator is in charge of the process and may terminate the mediation at any time he or she believes one or both of the parties are not cooperating, are not abiding by the mediation rules, or are too ill to continue the process.
Previously in the Preparing for Divorce Mediation Series: Mediation is a Matter of Timing
Next in the Preparing for Divorce Mediation Series: The Goals of Mediation
Click here for a Full Summary of the Preparing for Divorce Mediation Series.