What is the process of mediation?

Tom (Guest) on Wednesday, September 19 2012, 01:59 PM
After 24 years of marriage we are getting divorced and I would like to learn more about the mediation process.
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    Replied by Attorney Amy Beth Baron on Monday, September 24 2012, 10:14 AM · Hide · #1
    Most mediation begins with an explanation of the characteristics of mediation, the process from beginning to end, the ground rules and consent from the participants that they wish to voluntarily take part.

    The next stage is usually a joint session where each party, one at a time, has the opportunity to be fully heard without interruption as to their reasons for being in mediation, their initial positions and concerns. The process goes no further until each party is satisfied they have been heard by all present.

    The mediator will then attempt to formulate with the parties their concerns, questions and common areas of interest to create a “mission statement” of sorts to move through the process.

    The mediator will then use joint and / or private sessions to fully understand the factual aspects of the issues that are being mediated.

    Once these ‘fact finding” sessions are completed, the mediator and parties will move to a resolution phase using the mission statement, common interests and facts gleaned by the mediator and parties to generate options for resolution which will be examined and modified by the parties until an acceptable arrangement is reached.

    The mediator and the parties will then reduce the agreement to writing.

    Finally depending on the type of mediation, the agreement will be reviewed by the individual’s expert for final changes or approval.
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