The Legislature has declared that the policy of the law is to promote settlement, encourage cooperation between the parties and reduce the cost of litigation in family law cases. The court may order the payment of attorneys fees as sanctions by a party who does not cooperate and make good faith efforts to settle. It is an unfortunate consequence of this legislation that many cases have become battles to prove which side was the least cooperative. In such cases there is not a better example of how the process can over-shadow the real issues between the parties and their need to find a functional means of settling them. Mediation diverts the parties from the adversarial process entirely and is truly consistent with the stated policy of the law.
Mediation is an effective and preferable alternative to litigation.
This article describes important features of mediation, dispels some common misconceptions and offers basic guidelines to consider when contemplating this process. Mediation is a voluntarily, confidential and cooperative problem-solving process in which the parties to a dispute meet with an impartial and neutral facilitator who assists them in communicating their primary concerns, first to the mediator and eventually to each other. Through this process the parties work to identify issues, collect information, evaluate options and find solutions that address the concerns of both. The parties' mutual satisfaction with the settlement increases the likelihood of their future cooperation in the execution of the agreement. This is especially valuable in regard to parenting concerns and stabilizing the future relationship of the divorcing parents.