(Voluntary Process not a Litigation Process)
Children’s Rights Council will now offer a Mediation program. Mediation is another method of Alternative Dispute Resolution (ADR) made available to parties. Mediation is a negotiation facilitated by a neutral third party. The third party is not involved in any decision making, however mediation can be initiated by one or both parties or the court.
Is Children’s Rights Council’s Mediation (ADR) right for you?
- When parties are unable or unwilling to resolve a dispute, they have an option to turn to mediation which is a short-term, structured, task-oriented and “hands-on” process for the parties.
The parties will work with a neutral third party, (Children’s Rights Council) the mediator, to resolve their disputes.
How This works:
- In mediation the disputing parties work with a neutral third party (mediator) to resolve their disputes. The mediator facilitates the resolution of the parties’ disputes by overseeing and supervising the exchange of information and the bargaining process. The mediator works to find common ground and often deal with expectations that are unrealistic. The mediator may offer creative solutions and assist in drafting a final settlement. The mediator is to interpret concerns, relay information between the parties, “frame” the issues, and define the problems.
Is Children’s Rights Council’s Mediation Right for You?
- Mediation is usually a voluntarily process, but could be court ordered, which requires the parties’ participation. Children’s Rights Council’s primary focus would be the family courts. Unlike litigation, the parties and mediator will ordinarily control the mediation process. They would decide where the mediation process would take place, who will be present, how the mediation will be paid for, and how the mediator will interact with the parties.
- If an agreement is reached, mediation agreements can be oral or written. Children’s Rights Council prefers that the agreement be written. The content will vary depending on the type of mediation. The law in the individual’s jurisdiction will determine whether or not a mediation agreement is binding, however, most mediation agreements are considered “enforceable contracts”. If the mediation is court ordered, the agreement can become part of the court judgement.
If an Agreement is not reached During the Mediation Process:
- If an agreement is not reached, the parties may decide to pursue their claims in other forums.
The mediation process is generally considered prompt, inexpensive, and procedurally simple than formal litigation. This process allows the parties to focus on the underlying circumstances that contributed to the dispute, rather than on the legal issues. It does not focus on truth or fault. The goal is to resolve the problems.
Children’s Rights Council will provide mediation to parties on a voluntary basis or by way of court order.
Dates, Times, and Locations; TBD as needed