What are the steps in Mediation?
Generally, most mediation is conducted as follows:
I meet or talk with both parties and encourage them to seek legal council (if they haven’t already). After the initial meeting (with lawyers in the absence of their clients), we have a joint meeting with the parties, and then an individual meeting with each party separately, following which I have further joint meetings with the parties.
When the parties reach an agreement, I prepare a Memorandum of Understanding. After I have reviewed the draft with the parties, I send it to their lawyers to review with the clients. Once everyone is content with the Memorandum of Understanding, it becomes an Agreement.
What is a Lawyer’s Role in Mediation?
Unlike other types of mediation, lawyers do not usually attend mediation sessions with their clients in Mediation. Mediation changes the role of lawyers from adversarial negotiators to legal consultants. The parties become the primary negotiators in mediation.
The role of the lawyers is to advise their clients throughout the mediation process on their legal rights and obligations. (Even if the mediator is a lawyer, the mediator does not provide legal advice to the parties.) The parties cannot make competent and informed decisions without their own legal advice. The lawyers will also review the Memorandum of Understanding and see their clients sign their Proposed Agreement.
What is a Mediator’s Role in Mediation?
A mediator is a neutral person who is trained to help people talk so that the parties can better understand their problems and reach an agreement. The mediator does not take the side of either party, and does not pass judgment on the parties or their problems. The function of the mediator is to manage the process for the parties, to get them talking, to help them better understand the problems and to help them reach a solution that meets their needs. The mediator keeps the conversations going and focused. Where there is a will to address conflicts constructively and creatively, mediators provide the necessary skill.
The mediator sets the tone for the negotiations. Right from the beginning, the mediator tries to create an atmosphere conducive to discussion. In Settlement Meetings, there is usually a certain amount of “posturing.” On the other hand, the mediator will discourage intimidation, threats or bottom-lining. The mediator can remind the parties to take a more co-operative and less competitive approach. Because the parties have usually experienced a significant breach of trust, responding to trust issues is one of the most challenging tasks for a mediator.
Family mediators consider the emotions and the feelings that the parties are experiencing which can be a significant obstacle to settlement. Mediation does not mean “giving in” or “giving up”. Mediation clients are no “nicer” than the ones who go to court. The difference is the process: in a positive environment, the parties find practical solutions that work for both of them.
Mediation can be effective even when conflict and anger is high, and communication has broken down. Some people are concerned that they will not be able to negotiate effectively with the other party and then they will lose. But with a trained mediator, the parties can trust that they are not going to be abused or taken advantage of by the other party.
Mediation (including Family Mediation) Services in Orange County, Riverside County, and Los Angeles County
Our specialty is working with clients located in Orange, Riverside and Los Angeles Counties California. We can provide mediation services to all of Southern and Central California and we have convenient client consultation centers in most cities.