McClelland, Helvi (Attorney/Mediator)
Divorce Mediation provides a directory of mediators and arbitrators available to provide assistance both through the court system and independently. ADR, alternative dispute resolution, often provides an accelerated result with greater cooperation in addition to less contention and cost to both parties.
Mediation is an informal, voluntary process in which a mediator, trained in facilitation and negotiation techniques, assists all parties to reach a mutually acceptable conclusion. What distinguishes mediation from other forms of dispute resolution, principally litigation in court and arbitration, is that the mediator does not impose a solution but rather assists the parties to create their own understanding. Mediated agreements, especially in situations involving families and divorce, often include unique solutions tailored to specific situations that are not available in arbitration or litigation through the court system.
The actual process of mediation is flexible and creative varying with the needs of the parties involved and the methods used by the mediator. While the parties may meet face to face to discuss the issues involved, it is also possible that private caucus, physically separated from the other party, can be useful in reaching a compromise. Private caucus in mediation can be used to send messages, clarify a position, ask questions and tender proposals, offers and counter offers to either party. Mediation is non-binding unless both parties agree to a settlement.