What is mediation?
Mediation is a process where two or more parties discuss the issues they are dealing with and try to come up with compromises that everyone can agree to. In mediation, parties select a neutral party (the mediator) to help guide the discussions and keep them moving along. Mediation is voluntary, meaning that both parties involved must agree to participate. It is also confidential and legally binding.
A mediator must remain neutral in the process and must excuse themselves if there is any possible conflict of interest. In Indiana, for a mediator to be registered with the state, an individual must be an attorney or counselor that takes a crossover course or someone with at least a Bachelor’s degree that takes a 40 hour course approved by the state.
Mediation can take place in almost any type of case. Common areas of mediation include divorce, custody, parent relocation, probate disputes, tenant / landlord disputes, school / parent disputes, and many others.
For mediation to be successful, both parties need to come prepared to negotiate. It is important to have an open mind, be flexible, come prepared with documents and facts, and have a positive attitude. If either party does not feel that the mediation is working, they have the right to end the process at any time.
Mediation can be very cost effective. Often a solution can be found in just one or two sessions if both parties are cooperative. Mediators are generally less expensive per hour than attorneys. Usually, the parties agree to split the cost of the mediator, as opposed to using separate attorneys, where each party has to pay the full amount for their attorney.
Sometimes people choose to use attorneys and mediators. This can still save money because the parties come to an agreement together and do not have to spend hours in a courtroom with a judge. This also helps to free up the court system and move things along. Some counties also require parties to do mediation as part of the process. It still requires both parties to be willing to work together, or it will not be successful.
If you want to find a mediator, Indiana has a Mediator Registry. You can search your specific county on it. You can also search through Mediation Organizations or even just the internet. Attorneys often can recommend certain mediators as well. One thing to note is that often attorneys will only recommend mediators that are also attorneys. There are many great mediators who are not attorneys and their rates are often much lower.
This blog was written by Chelle Hendershot, a mediator in Indiana. This is intended for general educational purposes only. It is not intended to be legal advice or a solicitation for services. It is an advertisement.
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