An informational article originally prepared by Ms. Wasserman for a workshop presented by her at the Harvard Medical Center of Harvard University.
MEDIATION BASICS
What is Mediation?
Mediation is a process for settling disputes. The dispute may involve two parties or multiple parties, and the role of the mediator is to act as a neutral third-party guiding the parties to a resolution of their differences.
Why Choose Mediation Rather than Litigation?
Entering into the mediation process is a cooperative step in itself. Sitting down together at the mediation table, the individuals in conflict are making an effort to resolve their conflict cooperatively -- to find a solution without escalating the conflict. In family situations, where relationships extend beyond the particular dispute -- and, indeed, last a lifetime -- mediation helps the parties to the dispute preserve what they can of their relationship. Also, as the mediation progresses, with the mediator's guidance and encouragement, the parties find a resolution that comes from their own ideas and hard work. The resolution they finally reach is their own. It is not imposed upon them by a court. Mediation is also a cost-effective process, as it encourages dispute resolution and discourages time-consuming, money-consuming dispute escalation.
Are Mediators Specially Trained?
There is currently no state licensing of mediators in Massachusetts. Most mediators take at least a thirty-hour basic training course from one of various training providers. This training enables a mediator to meet one of the key requirements of the state statute governing the confidentiality of communications during mediation. Mediators may also take advanced, specialized training. Ms. Wasserman has taken advanced divorce and family mediation training and has met the certification requirements of the Massachusetts Council on Family Mediation.
How Does the Mediation Process Work?
Mediation sessions follow certain ground-rules that are explained by the mediator in the first session. These ground-rules promote constructive, balanced, respectful discussion between the parties. The parties agree to listen to each other and to disclose to each other all information relevant to the fair resolution of the dispute. The mediator is trained to create a non-judgmental, balanced environment. The mediation process is voluntary and its continuance is voluntary at all times. Agreements reached by the parties are entered into voluntarily.
Copyright © 2002-2009 Marion Lee Wasserman
The above article is provided for general informational purposes. This article is not intended to apply to any specific facts or circumstances and should not be construed or applied as legal advice or legal opinion or as establishing an attorney-client relationship.
