In Court, the magistrate recommended that the parties in my case try mediation. What is mediation and would I agree to try it?
Mediation offers parties an opportunity to resolve their dispute without the intervention by the Court. In mediation, the parties sit down with a mediator, who is a neutral third party, and try to reach an agreement regarding their dispute. The mediator will help the parties put the agreement in writing. Many parties find that they can abide by an agreement they help write. In most cases, if the parties wish, the agreement may be enforceable by the Court. By its nature, the Court, when deciding cases, must decide that one party wins and one party loses. The parties, however, may be able to reach middle ground, or resolution, which would give both parties some of the relief they are seeking. The Court may recognize from the testimony of the partiesthat an agreement may be possible. The Court may recommend mediation to those parties. In addition, the Court may suggest mediation when it appears that the parties would be better served by an agreement than a Court judgment. Both parties mus
