Mediation is a court-approved process in which a trained neutral person, called a mediator, encourages, and facilitates the resolution dispute between two or more parties. Mediation is informal and non-adversarial, with the objective of helping parties reach a mutually acceptable and voluntary agreement. Mediation delivers straight-line communication between parties without circumventing each other through attorneys.
Mediation vs. Litigation
Unlike mediation, litigation is an inherently adversarial process. More than 97% of all litigated divorces are settled. Assuming competent attorneys and a level playing field, the litigated settlement will be fair and equitable, returning the same result as mediation.
|Takes less time
|Takes more time
|Less stress on children
|Puts conflict in children
|Part of the Public Record
Courts of Pennsylvania and other states are presently mandating that both parties to the action be required to participate in the mediation process as a step in the litigation but aims to discourage the adversarial relationships so often created and maintained in typical court settings.
The courts have substantiated the impact mediation has on both parties, and the positive impact mediation has on our society as a whole. However, successful mediation requires imagination, understanding, and willingness to commit to the outcome.