The Five Stages of Mediation
Divorce and separation matters are currently most frequently resolved through family mediation. One reason for this is that mediation is typically more expedient and comfortable than court settlements. Additionally, the solution is more favourable because both sides are more active in negotiating it. Despite this, many individuals are unfamiliar with how family meditation operates. This article describes the five phases of family mediation.
Before the five stages of mediation
Mediators are impartial third parties. Their responsibility is to lead both parties through the process of reaching an agreement. The mediator does not represent either party as an attorney or advisor. However, the mediator typically possesses family law expertise and experience.
The mediator is responsible for ensuring that each party has an equal amount of time and chance to tell their side of the story, as well as ensuring that the negotiation process remains on track. A significant portion of the mediator’s role is to listen and to know when to intervene to remove a barrier or deadlock that could damage the mediation.
Before the 5 stages of mediation process begins, the mediator may deliver introductory statements that establish the ground rules for conduct and communication, define the procedure, and establish a timetable for reaching a final agreement. After this is accomplished, the 5 stages of mediation procedure can commence.
Stage 1 of the five stages of mediation– Issue Statement
A benefit of the five stages of mediation is that each party has the opportunity to explain their difficulties and concerns in depth. In divorce mediation, a number of issues may arise, including those pertaining to parenting, the need for child support or spousal maintenance, and the distribution of property or assets earned during the marriage.
Spouses may speak on their own behalf. However, each spouse’s attorney may also be there to frame the issues prior to the spouse’s remarks. Frequently, the mediator would move between mediation rooms, either digitally or physically, so the couples may not meet in person.
Phase 2 of the five stages of mediation– Information Collection
After each side has had an opportunity to express their concerns, the stage of information collecting commences. The mediator will typically request financial records, tax returns, mortgage and investment information. If these have been provided already, only a few additional pieces of information may be required. If information is not easily available, the mediator can also assist both parties in understanding appropriate paperwork and how to acquire it.
Stage 3 of the five stages of mediation – Problem Identification
There is no way to avoid divorce proceedings from being filled with intense emotions. Consequently, both partners frequently view the difficulties that need to be resolved through a prism of anger and bitterness. It is the mediator’s responsibility to take in all the facts, as well as the emotional undercurrents, and determine which issues must be resolved. Occasionally, these can be distinct from the concerns outlined in stage one. Identifying the fundamental challenges will pave the way for idea generation and resolution negotiations.
Fourth Phase: Negotiation or Bargaining
Both parties and their counsel are encouraged to submit remedies to the difficulties identified in the preceding phase. It demands compromise and compromises from both parties, which can be challenging. The mediator is responsible for ensuring that the negotiation advances and that any potential obstacles are addressed so that the process does not begin to fail. If the parties are unable to reach an agreement on their own, the mediator may also provide ideas.
The parties may negotiate in the same room, or the mediator may meet with each party separately to hear their ideas before presenting them to the other spouse. At the conclusion of the negotiation phase, both parties should have reached consensus on the topics.
Stage 5 of the 5 stages of mediation – Settlement
Settlement is the last phase of the five steps of mediation in which the discussed terms are formalised and written down. Before signing the agreement, both spouses have the final opportunity to study and discuss with their respective advisor.
National Family Mediation Will You Through the Five Stages of Mediation
A family mediator is well-versed in the mediation process and has received training in managing personalities, emotions, and other variables that can affect the successful outcome of a mediation. They will oversee that the five stages of mediation are carried out so that the process runs smoothly and an agreement that meets both parties’ demands is reached.
Family Mediation Experts, Local Offices, National Presence
Areas We Cover
From Around the Web