Alternatives to Court: Mediation.

• Date: 01 May 2019
• Author: Dargatz, Sarah

In the first column in this series, John-Paul Boyd introduced basic alternatives to resolving family law disputes in court. In the second column, I wrote about the Collaborative process. In the last issue, John-Paul Boyd explained arbitration. In this column, I'm going to talk about mediation.

Mediation is a process where you and the other person involved in a dispute meet with a neutral third-party, a mediator, who assists you to reach an agreement. The mediator's role is to help you and the other person communicate civilly, express ideas in different ways, stay on track, and explore and consider options. You can think of a mediator as a guide, a translator, a coach, or a referee. The goal of a mediation is for you and the other person to reach an agreement. A mediator is not empowered to impose a solution on you and the other person. You are the decision-makers and responsible for the outcome.

Mediators can take a variety of approaches:

* In facilitative mediation, the mediator makes informed suggestions to you and the other person to help you problem solve and assess various proposals. The mediator will focus on maintaining a fair process so you and the other person can communicate effectively.

* In evaluative mediation, the mediator can give their opinion to you and other person about your positions...