In mediation both parties are required to treat each other with dignity and respect. While the other party is speaking it is important to not interrupt and allow them to finish their thoughts. In addition, yelling or name calling is prohibited. If either of these rules are broken the parties may be asked to leave the mediation session.
During the mediation session the mediators will allow both parties the opportunity to voice their questions and concerns. Regardless of the mediators personal feelings on the issues they are not to take sides. The mediator is to remain a neutral third party. It is important for both parties to have equal opportunities to communicate throughout the session.
The mediators role is not to help the parties come up with an agreement. The mediator is in charge of facilitating the process and allowing for the parties to reach an agreement on their own. Mediators are not to play favorites or sway the parties into agreeing with one another. In order for the mediation process to be successful the session needs to run smoothly with both parties discussing their feelings in a cooperative environment.
Furthermore, often times the mediation process is an ideal forum for conflict resolution due to its voluntary nature. The voluntary nature of the process allows for both parties to feel like they are in control. The mediators first impression is important and they must be open and honest with the parties from the start. The sessions are to remain confidential and must not be shared or discussed with others outside the mediation session.
For further information regarding the mediation process and family law please contact Yanez & Associates. Call 714-971-8000 for your free initial consultation!
