WHY IS COURT-MANDATED MEDIATION SO EFFECTIVE?

While it is difficult to portray all the components which contribute to the success of mediation, there appears to be two pivotal factors of influence:

♦  The Mediator has extensive training in facilitating the process of moving high-conflict parties away from positional bargaining to a negotiation process where they view each other as collaborators.

♦ Mediators meet with parties both individually and jointly.  Discussions with the mediator are confidential and thus are not revealed to the court.  This allows the parties the necessary confidence and space to explore and reveal their true motivations and interests which are often overlooked in the litigation process.  Determining and addressing the interests behind the positions is fundamental to reaching resolution in high-conflict divorce situations.  In the confidential context of mediation, the mediator is able to obtain a unique overview of the dispute and thus help the parties establish alternate options which satisfy the surface issues as well as their true interests and needs.

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