Mediators are trained professionals in conflict resolution who serve to help husbands and wives resolve their dispute by clarifying issues, exploring options, finding common ground and defusing anger. Mediation facilitates the identification of the respective needs and desires of the parties by promoting dialogue and fostering respect for differing views. Mediators are neutral. Mediation helps people who are disputing to ‘get their heads together’ by focusing on the issues, by the use of liberal communication and by maintaining a steady course throughout the process so no one feels disadvantaged.
Mediation is for disputing spouses who want to resolve their own issues
Wives and husbands, like all people, see things through their own eyes. The attachment to their position often creates a failure to see the other person’s point of view. Tension is created. Tension leads to conflict which if left alone can sometimes escalate into a full blown problem causing the intervention of expensive lawyers. Spouses who are committed to finding less expensive and less damaging forms of decision making can use the assistance of a neutral person (the mediator). Miams mediation can help people deal with their differences before litigation begins. But even after litigation has begun, mediation can take place and can begin voluntarily through the mutual agreement of both spouses. Sometimes mediation is court ordered as all judges in the Fourth Judicial Circuit mandate mediation before trial. The mediator employs the same technique and effort in assisting the parties in finding agreement no matter the stage at which mediation occurs.
Mediation is Confidential
What is discussed at mediation cannot be used as evidence in court. The content of the discussions and what may be offered or discussed is protected from the use in a trial. Why? Candor and genuine dialogue is intended for effective mediation. People need to know what they say can’t be used against them at a later date in court.
It is a rare conflict of any kind in which anyone is fully aware of the issues involved and an even rarer conflict in which one side holds all the moral turf.
Finding a mutual agreement thus allows the parties to get on with their lives. Successful mediations result in spouses continuing in the support of their families and enjoying going to work without constant stress and waking up to a day free of the prospect of ‘going to court’.