The mediator encourages open discussion of the issues and uses a variety of skills and techniques to provide a forum within which the disputants can construct their own agreement. Mediation is a voluntary process that results in a signed agreement which defines the future behaviour of the parties. The mediator is not empowered to render a decision. Most parties in conflict cannot afford protracted litigation. They often lose any apparent gains that they achieve in courts.
Mediation provides disputants with a less costly and time - limited intervention.
The main advantage to mediation is that it empowers the parties to solve their own problems in a fair and equitable manner. Lawyers rarely have any training at all in the complex psychological and family issues involved at this time of crisis and transition for the parties. However, if a mistake is made, the contract is still binding because ignorance of the law is never an acceptable defence. Thus, it is a good idea to have a neutral third party as described above. Most separating couples agree that issues relating to their children are the most important ones to be resolved.