Mediating for Peace
Collaborative Dispute Resolution for Lasting Solutions
A couple on the verge of divorce wants to discuss potential custody agreements, but they don’t want to ruin their tenuous goodwill towards each other. A brother and sister are trying to settle their father’s estate, and it’s bringing up old wounds. A newly blended family faces challenges as stepparents and children try to fit into new roles and expectations.
Life can be messy and full of complicated emotions. In scenarios like those described above, communication can feel extremely challenging, and finding a way forward might feel impossible. That’s where mediation can come in.
Let’s explore how mediation works and why it’s such a valuable tool for resolving disputes and preserving relationships.
What is Mediation?
Mediation is an out-of-court process for dispute resolution that relies on a trained facilitator.
Rather than giving up decision-making power to a judge, mediation participants retain control over the outcome. This unique process provides space for creative problem-solving and outcomes because the people who know the most about the situation — those directly involved in the conflict — can work towards a resolution together.
The process is often successful because it promotes creative and personalized outcomes, reduces stress, and can lead to more satisfying and lasting agreements.
Who Can Benefit From Mediation?
The short answer is anyone who is involved in a conflict can benefit from the mediation process!
This process is especially beneficial for families navigating disagreements while striving to protect their relationships from lasting harm.
Divorcing couples could rely on a mediator when they want to navigate custody agreements, property division, or spousal support without the drama of a contentious court proceeding that may feel like a win-lose situation.
Family members who are working through a caregiving situation or the death of a parent with inheritance concerns could call upon a mediator
Co-parents, neighbors, church members, and more can use the skills of a qualified mediator when they’re faced with conflict and want to reach a mutually desirable agreement without expensive attorney’s fees, lengthy and exhausting court processes, or damaged relationships.
What Does the Mediator Do?
A mediator is a third-party, neutral facilitator who meets with the individuals involved in the conflict to discuss a possible resolution. A mediator remains impartial without advocating for any particular solution.
During a mediation session, the mediator explains his/her role, discusses the mediation process, and then facilitates a discussion to understand and explore the concerns of everyone involved. The mediator assists in looking to the future for potential solutions, sometimes viewed as a win-win approach to conflict resolution.
Simply put, a mediator helps the participants understand each other’s perspectives and work together to find a solution everyone can agree on. Rather than a decision-maker, a mediator is a discussion-guider.
What are the Benefits of Mediation?
In mediation, the participants keep their own self-determination rather than relying on a judge to make decisions for them. Yes, mediation requires individual engagement and hard work, but this can result in tailored and flexible solutions.
Mediation is designed to be a collaborative process, which often leads to preserved relationships and improved communication. This is a huge benefit for divorcing couples who want to co-parent peacefully and maintain friendly terms for their children or families navigating life after the death of a loved one.
Even better, this process occurs outside of a courtroom, alleviating some of the stress and pressure that comes from a high-pressure conversation with attorneys and a judge. Because participants are invited to the table early on, it can be easier to get to the real heart of the issue in a safe space.
Unlike court proceedings, mediation is a private process where discussions and negotiations are generally confidential, meaning what's shared in mediation typically cannot be used in court. That means your family disputes can stay out of the neighborhood gossip group text!
Mediation can also save money. The process is less expensive than traditional legal fees and court costs, and it can be faster. If time is money, this means even more savings in the bank!
Perhaps the greatest benefit is peace, and that begins when conflict ends. Mediation can get you there!
If you’re involved in a dispute that would benefit from working with a mediator, contact Miroslavich Law. We’ll start with a consultation to determine if our services are a good fit for your situation. And then we’ll get started, working towards open dialogue, an agreeable outcome, and increased peace of mind!
