Good mediation is the result of two voluntary parties however; mediation is sometimes prescribed by the court. A mediator is legally required to take no side because the purpose of mediation is negotiation, not “winning.” The advantage of mediation is that it avoids the uncertainty of court decisions. Clients who cannot find a solution in mediation have the freedom to pursue other solutions. In contrast, once a court passes judgment, both parties must abide by the decision for better or worse.
At its core, mediation is constructive and cooperative. It is about rebuilding something better out of the marriage, rather than cutting it up and dividing the pieces. It can be a more pleasant experience, empowering two reasonable parties to reach an agreement that requires no judge to impose a court order. Good mediators ensure that the process is fair and unencumbered by adversarial posturing or aggression from either side.