Mediation

Mediation is a non-litigious process to resolve conflict. The process engages the parties in conflict to work through their matters in a structured, but informal setting, with the assistance of a mediator.

The mediation process is a voluntary process and therefore all parties have to consent to participate in the process without any coercion or duress. If a party decides mediation no longer serves their needs, they can withdraw at any stage. Prior to refusing or withdrawing from the mediation process parties have to consider the alternatives, that is the matter is left as it is without a resolution, parties can discuss between themselves or the not-so-ideal scenario is that the matter ends up in the courts.

The mediation process is cheaper and more time effective compared to the courts. You get a bang for your buck in less time and less heartache. If both parties are compliant and available, the mediation process will be done and dusted within a short space of time. At times, 2nd and 3rd parties to mediation are not quite prepared for the process and they might try to delay the process and this might have an impact on timing. If it becomes obvious that a party is stalling, alternatives might be suggested to the engaged party to help them resolve the matter in another forum.

Self-determination is probably one of the most important pros for participating in the mediation process. Participants get to make the decision with the guidance of the mediator. The mediator does not make the decisions for you. At the end of it all, you get to say, “we did this!!!”. How awesome if that?

As a general rule, mediation improves communication between participants, or at least it’s the start towards that journey. Mediators model good communication skills and help participants set healthy boundaries that allow them to get on with the things they need to do without any friction. If the mediation is for parties who will have an ongoing relationship after the mediation it is ideal to consider how that will work in the short term and in the long term. What impact will there be on others that observe, including children?

For parenting mediation to work out child’s matters, the mediation processes is child-focussed. The decisions that are made have to consider the child’s age and stage of growth, maturity, routines, limitations, temperaments and how the child is coping in general with all the changes. Parents have to set aside their stuff and have the children’s stuff be the core of their discussion and concern. Children can even be involved in the process if child-inclusive mediation is assessed as suitable.

If you have any questions regarding the mediation process feel free to contact Family Intermediary.