Mediation is an alternative dispute resolution (ADR) process that allows families to resolve issues in their case outside of the formal court process with the help of an experienced, neutral mediator. The mediation process leaves all of the decision power to the parties and allows creative methods for resolving disputes. During this process, the mediator works as an intermediary between opposing parties and interests and attempts to bring those interests closer together by identifying the case issues, facilitating communication, focusing the parties on their individual and common interests and goals, and eliminating obstacles, while guiding and moderating the the process in a safe, effective way for all parties. While the mediator seeks compromise from both parties during the process to facilitate settlement, the mediator does not decide what is “fair” or “right,” does not assess blame, and does not render an opinion on the merits or chances of success if the case were litigated.
Depending on the mediator and specific case issues, the mediation session(s) may be handled jointly in one physical room (or Zoom room) or separately in two rooms – one for each party. Many mediations begin with a joint session to define the case issues and the parties’ positions and to set an agenda for the session. Thereafter, the mediator often breaks the parties into separate rooms (caucuses) and the mediator goes back and forth between the rooms discussing positions and exchanging settlement offers.
Mediation is a highly successful process in many cases, and has the potential to greatly reduce the economic and emotional cost of the dispute. Whether you are looking for a skilled attorney to represent you in mediation or are looking for a skilled neutral to mediate the pending issues in your case, Rogness & Field may be the right fit for you. Please contact our office for more information.