Why Mediation is a popular choice for families
Mediation is the art of “Finding Common Ground”. A settlement of a dispute by setting up an independent individual between two contending parties to assist them in the settlement of their disagreement is Mediation. International law states that it is friendly intervention of one state in the controversies of nation. In mediation, third party helps others reach the agreement. Mediation is a voluntary participation and its process is confidential. The individual who indulges in mediation in order to help other parties settle their disputes is called a Mediator. The mediator is an unbiased person.
These days mediation is helping in solving domestic relations disputes like child custody, visitation and divorce. Except these, it is also helping in contract and civil damage cases as well. Mediation helps in saving money, as we only need to pay fees to some professional mediator or lawyers who do some mediation. Mediation increases the control of parties over the resolution. Unlike court cases, party obtains the resolution but control resides with the judge.
Despite of these advantages of mediation sometimes it is possible that mediator do not reach any conclusion or settlement, which leads to failure of whole mediation process. The mediator can be at fault as there is possibility that he does not possess the skills needed thereby. Some parties just see mediation as an opportunity to play games. These kinds of opponents will make settlement as an uphill struggle. The parties are not bound to comply with the agreement. In some cases, parties change their minds and do not accept the resolution and bring the dispute into litigation. This clearly defeats the purpose of mediation of clearing out backlog of cases in judiciary.
Mediation is not similar in all countries due to language and national legal standards and regulations. In United States, mediators emphasize on client oriented solutions rather than imposed solutions. This is a common feature of mediation in UK and US.
ADR Mediation families works and is they are also involved in disputes that can tear them apart. In such cases, mediation helps in avoiding separation. It helps families in understanding conflicts and communicates with each other better so they are able to make realistic plans for their lifetime. The trained mediators understand the struggle of family life, divorce, separation and family reuniting. Mediation can help lessen conflict, recover family life from conflicts and help avoid long, painful and expensive legal battles. It is a valuable and effective tool for conflict prevention and peaceful settlement of disputes. In addition, it can support peaceful transitions and nurture reconciliation.
Mediation is labeled as a harmonic process where peace and respect for both parties is the central focus. Mediation is used to resolve conflict resolution and the process varies in various cultural communities. In conclusion, we can end up by saying that mediation can be used in all the situations whether it is pre conflict, during conflict and post conflict. Mediation promotes harmony and reduces court burden.