What Is Mediation? Why Use Mediation?

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Written By LoydMartin

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Mediation in family law is an informal, confidential, and voluntary approach to Alternative Dispute Resolution (ADR). Couples can use mediation to resolve disagreements regarding child custody and finances without court proceedings being required. Experienced Spanish-speaking Attorney/Mediators in Houston provide mediation and arbitration. Spanish speaking mediator in Houston Texas ability to speak fluent Spanish enables them to converse easily with parties involved and discuss all aspects of mediation in Spanish is unparalleled.

One of the primary draws to mediation is that it provides an efficient and expeditious method for resolving legal disputes efficiently and quickly, thus eliminating expensive court processes that can last for days if not weeks.

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Understand the process

Mediation is an impartial procedure where any discussions or suggestions made during mediation cannot be used in court proceedings if litigation ensues from this matter. Mediation typically occurs in a more relaxed atmosphere than court. If an agreement is reached through mediation, both parties can submit it for legal approval by filing it with a court; otherwise the mediator will usually advise both of them to seek legal advice about this particular issue before moving forward with mediation.

Gather the relevant information

Failing to plan is setting yourself up for failure. Make a list of all relevant documents needed for mediation purposes – these could include financial statements, child related paperwork and records of communication between parties as well as agreements or court filings that might aid your effort.

Focus on active listening

Mediation is an effective form of ADR because it facilitates active listening. Active listening involves taking in what another person says before processing and reflecting upon it. Under emotional duress, we tend to listen conditionally without fully realizing it – tending towards hearing only what we want or wish we heard rather than taking time to comprehend what the other person is communicating. At this point, mediation comes into play and having an impartial third party who can provide perspective can be invaluable to both sides. It’s crucial that both parties acknowledge what motivates their choices to ensure the most positive possible result is reached.

Practice effective communication

Not only must one actively listen for information, it is equally essential to choose the correct words and tone when communicating an idea or point effectively. Mediators assist parties by acting as “hearers”, helping each side express their personal views while still listening to one another’s viewpoints – something particularly useful during periods of tension or conflict where individuals might resort to fight or flight reactions; having this level of preparation and mindset benefits all parties involved.

Seek legal advice

Legal advice should always be sought when setting expectations and goals for mediation purposes, including expectations about expectations, goals and timelines. In addition to seeking legal counsel it may also be wise to consult professional advisers such as pension experts occupational health specialists or financial advisors if needed.

Keep in mind that mediators serve as neutral intermediaries and cannot offer legal advice, so both parties should seek independent legal advice during mediation proceedings.