Basics of Mediation

Mediation is negotiating with the assistance of a neutral third party (the mediator) who facilitates the negotiation process. Mediation involves non-adversarial negotiation between individuals based on their interests, needs and concerns. It is usually an informal process, with the mediation sessions taking place in a conference room setting. The parties participate in a series of mediation sessions in which they work jointly to resolve their conflicts without litigating the case in court. Mediation allows the parties to be in control of the decision-making process and requires that both of them be involved for the conflict to be resolved.
Usually the parties and the mediator are the only people actually involved in the mediation sessions, although the parties should also be represented by their own attorneys. The parties’ attorneys can provide legal advice outside of the mediation sessions and review the terms of a proposed agreement to make sure the agreement is legal and enforceable. Generally, the parties’ attorneys will also prepare the formal agreement containing the terms arrived at by the parties during the mediation process. The mediator may also speak with the parties’ attorneys.
The mediator does not offer legal advice to either party and does not make decisions for the parties. Instead, the mediator serves as a neutral third person who helps the parties interact with each other in a purposeful and non-threatening manner. The mediator guides the conversation during the mediation process, but the parties decide which issues they will address and which issues are the most important to them.
Individuals may use mediation to address virtually any conflict they encounter with any other individual or business. In the area of family mediation, the parties can address divorce, child custody and co-parenting arrangements, division of assets and financial issues such as child and spousal support. Individuals can even attend mediation to work out the terms of a prenuptial or postnuptial agreement.
Effective mediation can influence how individuals interact with each other, even after the mediation process has ended. Effective communication between the parties is the basis for mediation. This sets it apart from litigation, in which the court’s decision is not usually dependent on whether the parties can communicate effectively. Parties do not need to communicate effectively before attending mediation, but during the mediation process they must be willing to explore more effective communication techniques.
If you would like to discuss mediation in central Pennsylvania, including Harrisburg, Carlisle, Hershey and surrounding areas, or any other family law issue, please contact me.