What Is Mediation?

Mediation is a type of alternative dispute resolution (ADR) in which two or more parties work with a neutral third party, the mediator, to resolve their dispute. Mediation is "alternative" in that it is a means of resolving a dispute without resorting to the traditional method of litigation (going to court). The mediator is not a decision-maker. It is not the role of the mediator to decide who "wins". Instead, the mediator assists the parties in reaching a mutually acceptable agreement.

The Mississippi Court Annexed Mediation Rules for Civil Litigation defines mediation as:

"A forum in which an impartial person, the mediator, facilitates communications between parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties."

Unlike traditional litigation in which the judge decides the outcome, in mediation the decision making power stays with the parties. That retention of decision-making power typically results in both parties being more satisfied with the outcome, since they have had an opportunity to participate in drafting the agreement. Mediation presents the opportunity for a "win-win" outcome, where litigation virtually always results in "win-lose", with one side deeply unsatisfied with the result.

The process varies some, depending on the mediator and the circumstances of each case. Sometimes the mediator may begin the mediation session with both parties and their lawyers in the same room as he discusses the process and what to expect. Then the parties will "caucus", or separate, to different rooms before the actual negotiation begins. Then the mediator will spend time with each side, one at a time, to find common ground and facilitate agreement. Other times the parties may begin separated and never see each other at all throughout the process.

Mediation may not be right for all cases, but it has a very favorable success rate and could ultimately expedite your divorce while also reducing the overall cost.