Mediations can work before a lawsuit if filed ( Pre-litigation) or after a lawsuit is filed (Post-litigation). Most civil and family courts require parties to try to mediate their cases, and try to resolve their issues, before proceeding to trial. This is because most of the time, in civil litigation, and in family law, it’s part of the court order. A lot of people don’t know that one can have a dispute about 10 things, and can resolve 5 and still have the option to take the remaining 5 issues to trial — so The good news is that most cases settle, one way or another, which means that — MEDIATION WORKS !
There is only one requirement for a party to enter mediation; KEEP AN OPEN MIND, or in legal terms enter mediation IN GOOD FAITH. Sometimes situations are so personal, and things are so bad between parties, that the very thought of being in the same room, or building with them seems unreasonable, and the whole process of mediation seems pointless; but still, those parties are asked to mediate by courts, and by those who believe that at the end of the day, neither party wishes to risk it all at trial, where they have little or no control over the outcome.
The set up is simple; parties sit across the table from each other (if they agree to do so), or we will situate them in separate rooms. The mediator gives both sides the ground rules, and then it begins; the MEDIATOR LISTENS to both sides, you will always be given a full opportunity to be heard, simply speak your mind, ALL IN CONFIDENCE — once all sides have told their point of view to the mediator, the mediator goes room to room to figure out a common ground — where possible — there will be NO PRESSURE, just discussion and conversation around facts given by all sides; but rest assured, anything you will to keep secret, shall remain so. And as the mediation process goes on, the goal will be to make sure that a common narrative appears, which will hopefully allow all sides, a space to compromise. At the end of what may feel like a long day, a large burden might be lifted and the parties may not get everything they wanted at the start of the day, but they will get part of what they came for, and they will be FREE OF THE DARK CLOUDS that comes with litigation, or even a threat of litigations.