Mediation is a confidential process in which an impartial neutral assists parties in identifying issues, summarizes their stories, and helping them to identify potential solutions. The mediator facilitates the process through ground rules established at the onset of mediation and helps them work toward identifying the solution or solutions that are mutually acceptable. In most cases, when a solution is identified and agreed upon, the mediator drafts a binding and enforceable agreement that the parties sign to resolve the matter. (For certain matters, such as divorce mediation, no final agreement is made. Rather, a tentative agreement may be reached in which the parties can work with their individual attorneys to present to the court for consideration of a final order.)
In some cases, mediation may result in a partial agreement, in which the parties reach agreement on some matters, thereby narrowing the issues remaining to be resolved through other means.
Mediation at Spring Law, LLC, generally incorporates a facilitative approach integrating the seven-step mediation model pioneered at Capital University Law School – the first mediation program of its kind in the United States. It includes introductions and establishment of ground rules, determination of problems to be resolved, summarization of each party’s statements and a determination of the issues that the parties agree need to be resolved. This is followed by generation of alternatives to resolve the problem, exploration, analysis, and negotiation. When alternatives are identified that will resolve the disagreement to each party’s satisfaction, the mediation concludes with an agreement that describes and clarifies the terms reached by the parties.
More information is available from Tom Spring at 740-207-2090.