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Long before participants will meet the mediator, the process of mediation begins when the participants, or their attorneys, inform each other of their 'position' in a dispute. This could take place months before a formal mediation conference. In some types of cases certain documents should be disclosed to each party prior to a mediation conference. In a family court matter, for example, it would be difficult to resolve the issues of alimony, child support of division of assets and liabilities, until there has been a full disclosure of financial documents. Careful preparation before a mediation conference is essential to reaching a settlement at a mediation conference.
Mediation can help you settle your dispute without the need for a judge. If you have a case in court and you cannot resolve your differences amicably, a judge will ultimately decide how your differences will be resolved. Mediation gives each party the power to resolve differences amicably and on terms both sides can be happy with. A mediator does not make decisions at a mediation, not does a mediator give legal advice to the participants. The power to resolve issues between the participants, belongs with the participants. Mediation is a collaborative process, meaning that the participants work together towards a common goal of resolving the case amicably. As such, participants learn to become more comfortable with exploring alternatives and common points of interest.
Mediation is Voluntary, participants are not required to reach an agreement, and the mediator will not make a decision on any issues, if the participants are unable to reach an agreement. Participants only obligation is to attend mediation with a good faith intention and ability to resolve any outstanding issues.
Mediation can resolve your case quickly. Mediation purpose is to assist the participants in reaching an agreement resolving a dispute. Working with a mediator to consider other points of few If the participants reach an agreement at a mediation conference, the mediator will prepare a written agreement for each side to review and sign.
Christophe Fiori is a Florida Supreme Court Certified Circuit Civil and Family Mediator.
Benefits of Mediation
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