THE MEDIATOR'S ROLE
As in “traditional” mediation, the mediator conducts the process between the parties. Successive stages of a given mediation might include: getting consensus on the process; gathering information; establishing priorities; eliciting, exploring, and generating options; helping people negotiate; refining decision-making; reaching agreements; and finalizing documents.
In contrast to a lawyer negotiated settlement the mediator in Team Mediationsm can also:
- 1. Educate in a truly neutral manner.
- 2. Help parents focus on their children.
- 3. Enable parties to see each other’s positions – something which their attorneys often cannot do, but which the neutral mediator can do.
- 4. Raise points which neither attorney for strategic reasons may be free to raise.
- 5. Minimize side arguments and adversarial positioning between attorneys.
- 6. Monitor the progress of the case.
- 7. Concentrate everyone’s effort towards a mutually-satisfactory conclusion. The goal in mediation is always aWin-Win solution. Attorney driven divorce can never have this as its goal.