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How Does Mediation Work?

Posted by Unknown | Feb 19, 2021 | 0 Comments

how does mediation work

Drama Free Divorce can answer all of your inquiries regarding 'how does mediation work?' Our aim is to make divorce affordable, budget-friendly options starting at $500 per month for residents in Kansas City and Missouri available from us, Allinclusive pricing ensures no hidden charges will arise, and court proceedings are avoided through mediation by avoiding them entirely. Our team of attorneys understands the emotional pain associated with court proceedings while being highly trained professionals who provide professional and compassionate assistance during this trying time.

In this article, we will delve into the world of mediators, the process, and their integral roles as attorneys. Additionally, we'll cover when legal advice should be sought as well as selecting an ideal attorney to support you with your mediation endeavors.


What Is Mediation?

Mediation can be likened to a magic wand for conflict resolution, acting like an intermediary that can bring parties into agreement on terms that benefit both sides. Mediation is a voluntary process that encourages open and constructive dialogue between disputing parties rather than fighting it out in court, acting like a bridge connecting two islands of conflict.


What is the Mediation Process?

Imagine mediation as an expedition led by your mediator. Here's a step-by-step guide to mediation:

  • Introduction: A mediator introduces himself, establishes ground rules, and encourages both sides to speak freely.
  • Opening Statements: Both parties have an equal opportunity to present their case and ensure their voices are heard.
  • Discussion: A mediator encourages brainstorming sessions while keeping conversations on track.
  • Negotiation: Negotiation is the cornerstone of successful negotiations. Parties engage in dialogue and attempt to arrive at an outcome that meets both their requirements.
  • Documenting Agreements: Once an agreement has been reached, its details should be recorded for future legal actions to take place. While it might not yet be legally binding, documentation serves as the foundation of further legal actions being taken against parties involved in a potential conflict.
  • Closing: In this final stage, a mediator reviews any agreements that were reached by parties and discusses any necessary legal actions if necessary. Parties may bring their lawyers at this time if required.


What is the Purpose of Mediation?

Mediation takes on various forms:

  • Conflict resolution seeks to avoid protracted, costly, and emotionally draining legal battles by finding creative ways of solving conflicts.
  • Mediation can benefit divorcing couples, business partners, and families.
  • Empowerment allows parties to take responsibility for making their own decisions that best suit them, rather than being dictated to by a court.
  • Mediation can often be more cost- and time-effective than litigation.


What happens in a mediation session?

Mediator Jonathan Heisey orchestrates an effective dialogue during mediation sessions. Here is a glimpse of what transpires:

  • Active Listening: To ensure each party feels heard and respected, the mediator actively listens to both of them.
  • Questions: Carefully crafted questions can guide a dialogue and reveal hidden interests or concerns.
  • Brainstorming: All parties involved come up with ideas and solutions together, leading them to reach a consensus or discover common ground.
  • Reality Check: Mediators can act as reality-checks, helping parties understand the legal ramifications of their decisions.
  • Documentation: Once an agreement has been reached, its terms should be documented in a Memorandum of Understanding which can then be reviewed by attorneys and further legal actions taken if necessary.


Why hiring a divorce attorney is better than not having one?

Divorce can be one of the most challenging experiences you will ever go through, and mediation may be effective, yet having an attorney on your side is often wise for numerous reasons. Here's why:

  • Legal Expertise: Attorneys have extensive knowledge of divorce law and can ensure that no key details are missed during your proceedings.
  • Advocacy: Your attorney will act as your advocate, representing and protecting your rights and interests at mediation.
  • Objective Advice: Provides impartial guidance that allows you to make educated choices.
  • Paperwork: Attorneys take care in organizing all legal paperwork to ensure everything runs smoothly.
  • Mediation Support: Mediators provide invaluable guidance and expertise for successful mediation sessions.


When should you hire an attorney?

Timing is everything when engaging an attorney for mediation purposes, so here are a few instances when consulting an attorney may be beneficial:

  • Hiring an attorney who has extensive knowledge and experience is absolutely crucial if your matter involves complex financial matters, child custody disputes, or significant assets.
  • A lawyer can step in if mediation becomes intractable due to communication breakdown or power imbalances.
  • Attorneys are available to assist with any legal concerns that may arise.


What are the criteria for selecting an attorney?

Selecting an attorney that best meets your needs is paramount. Take these factors into consideration before making your selection.

  • Choose an attorney who possesses expertise in family law, mediation, and any related areas.
  • Conduct a background check and request references in order to assess their reputation.
  • Communication is of utmost importance, make sure that when discussing concerns with your partner that both of you feel at ease when discussing them.
  • Understanding their fees and making sure they fit within your budget are two essential components of good decision-making.
  • Your attorney should understand your goals, and work alongside you towards their realization.


Why Choose Drama-Free Divorce?

Drama-Free Divorce provides outstanding legal support in mediation cases. Our team of attorneys has extensive knowledge in both family law and mediation - so you'll always have expert guidance throughout your mediation journey.

  • Client-Centric Approach: At our firm, our primary concern is for the needs and goals of our clients. Listening carefully to their concerns allows us to tailor our approach accordingly.
  • Transparent Fees: At our company, we believe in being upfront with the costs involved from day one.
  • Effective Communication: Our team is known for its open and clear communications, you'll always remain up-to-date at every stage.


Suggestions for Action 

Are you considering mediation as your next step? Looking to start mediating in your business or organization? Take these steps.

  • Research Mediation: Discover more about mediation and its advantages.
  • Evaluate Your Situation: Evaluate whether mediation would be suitable for your case or whether an attorney should assist in its resolution.
  • Select a Reputable Lawyer: If you decide to hire an attorney, use these criteria as guides in finding the ideal one.
  • Commence Mediation: Enter into mediation proceedings with optimism, keeping in mind that your ultimate aim should be reaching an agreement and finding common ground.
  • Review Your Agreement: Once an agreement has been reached, it is crucial that it is reviewed with your lawyer to make sure it aligns with both parties' interests. This can ensure a successful transition.
  • Move Forward: Now you can move forward with confidence that the conflict has been handled in an effective manner.

Mediation is an incredible process that enables individuals to peacefully resolve disputes amicably and find common ground. Mediation combined with legal expertise is often an effective method for reaching fair and long-lasting solutions. Mediation can help with divorce proceedings, business conflicts, and family feuds as well. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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