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What is Mediation?

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What is Mediation?

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Mediation is a formal but flexible process where people in a conflict voluntarily participate to try, together, to reach a resolution to their dispute. A neutral third party, the mediator, facilitates and guides the communication between the parties and helps them explore possible ideas for resolution that will work for all the parties. The parties, themselves, decide together the outcome of the dispute. With the help of the mediator, a written agreement is usually produced.

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Most courts have mediation services that address child custody disputes. The mediator meets with both parents in an effort to get both parents to come to an agreement on the living arrangements for their child(ren). Parents are often able to reach an agreement in mediation on issues of child custody. If the parties do agree, the mediator will prepare a written memorandum of the agreement and that will be submitted to the court and become an order of the court. Mediation Departments can be either reporting or non-reporting. Orange County Mediation reports only whether or not an agreement was made and only provides the court with actual agreements. Riverside and Ventura County actually report recommendations to the court even when the parties have not reached an agreement. Mediation services are not the same as Child Custody Investigations.

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Mediation is a private, confidential process in which a neutral third person, the mediator, assists disputing parties to reach an agreement. The mediator has no power to impose a decision on the parties. A professional mediator is a trained neutral who helps parties communicate, identify their own needs and concerns and to look at possible options for resolving conflicts to reach an agreement.

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Mediation is a confidential, voluntary and cooperative process in which an unbiased third-party (a Mediator) promotes communication and negotiation between participants to support the resolution of conflict and/or the development of formal or informal agreements.

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Ottawa, Ontario family lawyer Marie-Hélène Godbout answers: “Mediation is an alternative way of resolving separation and divorce issues.

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