What are the five stages of mediation?
What are the five stages of mediation?
The Five Stages of MediationThe Introduction. In this stage, the mediator introduces him or herself to the involved parties and explains how things will work. Joint Discussion. In a joint session, the disputing parties or their attorneys talk to each other directly with the mediator in the room. Caucuses. Negotiation.
What can I expect at my first divorce mediation?
The first meeting with a divorce mediator is often spent collecting background information and facts. Once the mediator has covered the basics, each person will get to present his or her view of the issues. The mediator may ask questions to clarify the situation or to get more information.
Who is present during divorce mediation?
In divorce mediation, you and your spouse—or, in some cases, the two of you and your respective lawyers—hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce.
Can you skip mediation and go straight to court?
While you may wish to go straight to Court, in most cases you will need to attend a Mediation Information Assessment Meeting (MIAM) to determine whether Family Mediation could be an alternative to the Court process.
When should mediation not be used?
Mediation may not be suitable when: one or both parties need an impartial opinion on a matter of difference, perhaps to set a precedent or to be vindicated publicly on an issue in dispute, a party is certain that it has a straightforward case, deliberate counterfeiting or piracy has occurred.
What are the pros and cons of arbitration compared to mediation?
Arbitration is much faster than litigation. Unlike mediation, the arbitrator has the authority to issue binding rulings on the two sides, even if one side doesn’t want to cooperate.
How is arbitration like mediation?
Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial).
Is a mediator decision binding?
The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. Mediation is a confidential procedure.
What is a key difference between arbitration and mediation?
Arbitration and mediation are two very different processes that allow parties to resolve disputes outside of court. Mediation involves a facilitated negotiation, whereas arbitration involves a third party decision maker.
