Mediation
What does "Mediation" mean in law?
Mediation in family law is a form of alternative dispute resolution in which a neutral third-party mediator facilitates negotiations between divorcing or separating parties to help them reach voluntary agreements on issues such as property division, custody, visitation, and support. Unlike a judge or arbitrator, the mediator has no authority to impose a decision; the goal is to help the parties craft their own mutually acceptable solution. Many jurisdictions now mandate mediation for custody and visitation disputes before allowing the parties to proceed to trial, based on evidence that mediated agreements tend to produce higher compliance rates and lower post-decree conflict. Mediation communications are typically privileged and confidential, meaning statements made during mediation cannot be used as evidence if the case proceeds to litigation.
Definition
Mediation in family law is a form of alternative dispute resolution in which a neutral third-party mediator facilitates negotiations between divorcing or separating parties to help them reach voluntary agreements on issues such as property division, custody, visitation, and support. Unlike a judge or arbitrator, the mediator has no authority to impose a decision; the goal is to help the parties craft their own mutually acceptable solution. Many jurisdictions now mandate mediation for custody and visitation disputes before allowing the parties to proceed to trial, based on evidence that mediated agreements tend to produce higher compliance rates and lower post-decree conflict. Mediation communications are typically privileged and confidential, meaning statements made during mediation cannot be used as evidence if the case proceeds to litigation.
Example
Before the custody dispute could proceed to trial, the court ordered both parents to attend four sessions of mediation, during which they successfully agreed on a joint custody schedule without the need for a contested hearing.