Mediation is the process by which the parties attempt to settle their case through a neutral third party mediator.
Mediation is typically ordered in contested cases, especially those that involve custody issues. The idea of trying to resolve a matter in the middle of contentious litigation may seem fruitless, but the Courts must know something if they routinely order these mediations. What the Courts know is that mediations resolve a great majority of family law cases. Litigants are usually surprised to hear about the success rate of mediations, and they often predict that their case will be the exception.mediators are good at conveying these risks and facilitating a resolution that will be satisfactory to both sides. The key word here is satisfactory. The very nature of mediation is compromise, and a compromise does not usually result in one side being ecstatic while the other is disappointed.
Given the difficult strain that family law litigation places on one’s life, coming away satisfied with the outcome should be considered a great result. Remember, no mediator can force you to settle at mediation. Only you can force yourself to participate with an open mind and with the ultimate goal of putting this chapter in your life behind you.