What Is Mediation?

Hi, I'm Dave Ward with the Ward Law Firm, and I'm almost always asked questions about mediation whenever somebody comes to see me. Most people don't know what mediation is or whether or not they're going to have to go through it. Mediation is the process where the two parties come together and there is a neutral person who helps the parties by facilitating a conversation to help them work towards a goal of finding that place in the middle where things are fair to both sides when trying to resolve a case.

Mediators are frequently attorneys, although not necessarily. They all go through extensive training in learning how to help parties by facilitating those conversations. Now, most cases, most cases do go through the mediation process. In fact, most courts require parties to go through that process at some point during the litigation process. Parties do not have to settle at that if they're not able to reach an agreement.

However, the courts want them to try, and one of the reasons that we do want people to try is because it's effective. It works. We know that it works from experience, and there are benefits that come from parties being able to settle their case as opposed to going through the full litigation process and having a judge decide what is going to happen in their case.

Number one, people just tend to be happier. People like to have some hand in the things that are going to affect them in their lives going down the road. And a settlement helps them to have that sort of impact on what is happening around them.

Number two, people also tend to be more compliant with something that they have agreed to do as opposed to something that a judge imposes upon them. So there are a number of other benefits as well to the mediation process. But it's a wonderful process, it's easy to go through, it's far less formal than a trial. And as I said before, it works.

So if you have any more questions about mediation or anything else related to your case, give us a call. I'm Dave Ward with the Ward Law Firm, and we help parents protect those things that are most important.