What Mediation Is Not?
In the last few years, mediation has become a very popular alternative to the proceedings of the court. IN the process of mediation, the mediators resolves the disputes related to different matters like personal family issues and issues such as child and finances. But, still the people are not clear about the idea of the mediation, there are a lot of confusions about what the mediation process is and how a mediator can help you. Let’s check out some of the most common misconceptions.
*Mediation is not Arbitration: generally, the people assumes that the purpose of mediation is to involve a third party, which can help the other two parties in reaching to the best possible solution. May be you too have seen TV shows in which the third part just resolves the case in just half an hour, but believe me mediation is not at all arbitration. We too are normal people and we too form our opinions, but we try to convince the parties about the rights and wrongs, when the parties doesn’t agree, then we want someone else to make the decision. In some cases, the court can become that someone. Being mediators, we help you in making decisions altogether and it might sounds hard, but it is actually much more rewarding for the parties. You don’t have to agree to whatever we say, as you can have different point of views.
*Mediation is not one attorney for two people: Sometimes, people think that with mediation they only have to hire one attorney, and this is not a complete truth. As, a mediator even after being an attorney can’t advice both of you individually on legal matters. This is very important and even complicated way of distinction. The reason behind this is that the mediator doesn’t represent your partner or you and it also doesn’t represent both of you. Also, it is not reasonable enough to believe that an individual attorney will represent two completely adverse parties simultaneously. Yeah, it is possible to have an attorney who can act as a mediator for both the parties, but in such case the attorney will not focus on your individual interests.
Apart from the above given points, the mediation is not:
*An enhanced version of negotiation
*A more expensive type of negotiation between the lawyers
*A procedure where the deal is struck and the clients just have to nods their agreement.
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