The Benefits of Mediation
As a Supreme Court Certified Family Law Mediator, I understand the necessity of mediating cases in highly contested matters. Most family Law eases require Mandatory Mediation prior to the cases being heard for trial. Family Law Judges as part of their Pre-Trial Orders will request not only that parties mediate prior to trial, but also that they provide the outcome of litigation.
Mediation reduces the number of cases that go to Trial and therefore also shortens the time from which a party actually requests a Trial and the actual hearing before the Judge. Without Mediation the Court would have a tremendous back log of cases and people would be waiting several extra months prior to their cases being heard.
Mediation is a setting in which both parties agree that a neutral third party usually an attorney (but not required to be) meets with both sides in an attempt to amicably resolve their issues that are in dispute.
Mediation has been common place in Family Law Cases, but it has also been employed most recently in pre-litigation matters. Mediation is used in Civil Litigation, Probate, Guardianship, Juvenile Dependency, and Real Estate Litigation.
There are many different approaches to Mediation and there are many different types of Mediators. The selection of a Mediator or a particular type or gender of Mediation is important. Based upon the type of Mediator, will determine the success or failure of Mediation. In my opinion, Caucus is a tool used on Mediation which I have used successfully. Caucus is when one party and the Mediator meet to discuss a case in one.