The process is voluntary, future oriented, cooperative and confidential. It is especially useful in situations, such as divorces that involve children, as the process enhances the likelihood of a workable future relationship between the parties. If both parties are willing to participate in the process, it is generally worthwhile to give it a try. You never forfeit your right to seek a settlement through the adversarial process if you are not able to resolve the issues in mediation. On the other hand, if you start out in the adversarial mode, it can be very difficult later to change your course and become more amicable.
Disputes can take on a life of their own and can be costly both financially and emotionally.
Often participants, who have a high level of conflict and poor communication, have surprised themselves that they have been able to resolve their issues in mediation. The mediator will begin by helping the parties develop a mutual agenda of the issues to be addressed in mediation. Then she will help you discuss those issues one by one, look for common ground, and negotiate mutually acceptable agreements. Various solutions are explored so that the best possible agreement can be reached. The best agreement is one that, as much as possible, meets the needs of the parties and others affected by the agreement, such as the children of a divorcing couple.