Does mediation have any role or place outside of actual disputes?
Definitely yes. Parties will frequently use a mediator to resolve issues before a dispute occurs. For example, two persons may be trying to put a business deal together but get stuck or hung up on certain points. A mediator can help them define their interests and help them search for options that will fulfill their needs, allowing them to move on to complete their transaction. Another area where mediation can be very beneficial is the negotiation of pre-marital agreements. Prenuptial agreements can raise some very delicate issues such as sharing of assets with one another or transferring ownership of assets to each other. Providing for comfort, support and maintenance of each other during the marriage as well as after death of one of the partners, can be particularly delicate especially when one or both have children. Left to two lawyers taking an adversarial approach to negotiation, the couple can soon be negotiated out of their desired marriage. Mediation can help the parties discus
