Properly conducting mediation provides a structured negotiating environment in which the parties can express their emotions in the presence of each other and of a respected neutral an important first step toward resolution in most disputes. Thus, the process of mediation provides a level of emotional vindication which is impossible to obtain in court. It is not therapy, but it is therapeutic. Mediation is forward looking. It focuses less on the assessment of blame and more on meeting real needs, solving problems, and improving future working relationships between the parties.
Mediation improves communication and understanding.
This is especially vital when the parties expect or hope to have future business, employment, family, or other relationships. That concern is easily overcome. First, your attorney may call the Other s attorney and refer to the rules of professional conduct and the clearly stated court preferences that mediation be considered. If there is concern about such a direct approach, your attorney may request the judge to suggest mediation or may call an administering agency which will itself make the suggestion. Seasoned practitioners now regularly suggest mediation in most disputes.