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What Is Mediation?

Mediation is an opportunity for the parties to reach a mutually acceptable agreement without involvement by the Courts. Many family courts will mandate that the parties attempt mediation prior to having an hearing to resolve differences.  Mediation can be used in the collaborative process, or to resolve disputes in traditional divorce or dissolution cases.  Mediation is not binding unless both parties sign off on an agreement, however most attorneys do require their clients to abide by the terms agreed to in mediation.  It differs from arbitration in that no judge or arbitrator will make a decision. According to Wikipedia: Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline. If you are involved in a divorce, dissolution mediation is often the best chance to resolve your case.   If you need to discuss your divorce or mediation, call Michael Bouldin for a consultation in Northern Kentucky at 859-581-6453 or email at mwbouldin2@gmail.com.  

 

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