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The Mediation Process

What is Mediation - The Mediation Process

Mediation is a way to resolve conflict where people who disagree meet with an impartial third party to help them create a mutually acceptable agreement.  It is confidential, voluntary and effective.  It can give the parties the opportunity to decide and agree on their outcome, an outcome that can best suite their needs and objectives.

Using the mediation process to solve problems and disputes has been thoughtfully designed and shown over time to achieve perhaps the most satisfactory results for the participants while minimizing the upset, stress and acrimony on all sides.  For divorce mediation, business mediation, civil mediation or probate mediation, the following steps provide a general overview of as to how the process unfolds.

Typically the mediation process begins with a one-hour consultation between the mediator and the parties. This initial meeting is intended to be informational, during which the process is explained in detail, or because the process is entirely voluntary, the parties can decide to immediately move forward to identifying and discuss the issues.

Typically this first meeting allows the parties to make an informed decision on whether the process meets their expectations; whether mediation is the right choice for them; and, whether they feel comfortable with the particular mediator and process.

If all parties decide they want to participate in the mediation process, they can schedule their next appointment for their mediation session.

Mediation Sessions

The schedule and frequency of appointments will vary depending on the needs of the participants and the issues at hand. Our mediators try to be as flexible and accessible as possible in scheduling.  Typically sessions happen on a weekly or bi-weekly basis, at days and times agreeable to everyone. Each session is usually one hour or one and a half hours long.   How long or short the overall process takes is entirely up to the participants and the complexity of the issues to be resolved.

At McGinn Law, PC our mediators use mediation tools to resolve many different kinds of disputes.  The mediators will help the parties identify and prioritize the issues and relevant information, without which meaningful dialogue cannot occur. While the process is always voluntary for all parties, there are ground rules necessary to make the mediation useful and successful.  First, full and honest disclosure of assets and liabilities, income and expenses is required.  Second, all parties need to be respectful of the process and the participants.

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