Mediation is different from the act of practicing law in that the Mediator becomes a neutral third party, whose role is to help divorcing parties discuss and resolve their dispute.
This happens outside of court. If Alisa Peskin-Shepherd serves as Mediator for a couple seeking to end their marriage, she cannot later represent one of them as a divorce lawyer.
Mediating parties come together to articulate the issues they’re facing, discuss their shared and opposing interests, and build understanding.
From there, guided by the Mediator, they share information to discover ideas that can lead to a mutually beneficial resolution.
Courts can mandate that a divorce case must go to mediation. Or, divorcing parties can choose to mediate on their own.
Mediation is a voluntary process; parties are not required to come to agreement, although that is the goal of Mediation. And it works out quite well when resolution happens!
A mediator has no power to make a decision for the parties. However, good mediators help divorcing spouses reach a resolution they can both live with and agree to.
Most mediations begin with everyone convening for an exploratory session. The parties explain the issues. The Mediator lays out the terms of mediation, so everyone understands the process.
The Mediator describes the process and explains her role, establishing ground rules for how to move forward.
If the parties reach an agreement through Mediation, the Mediator can help write the agreement. Once approved in court, such an agreement is enforceable.
Learn more about Mediation with Alisa Peskin-Shepherd – click here for information.