May 1, 2015

Neutrality Through Mediation

static1The mediation program at Attorney Mediated Divorces is structured to lessen the threat of impartiality. Mediation does not involve a judge or legal representation. It ensures that the parties come to the best conclusion for their children and their interests. An agreement is formed between the parties; the mediating attorney is here to communicate to the parties how the law stands in California, and what options they may pursue amongst themselves upon that basis. It is crucial that both parties retain confidence in the mediator, knowing that their case is being handled with absolute neutrality and impartiality.

Prior Relationship Conflict

Any relationship between the mediator and one of the parties prior to proceeding with mediation may eliminate neutrality from the mediated dispute, and prevent their case from being effectively mediated. These relationships include friendships, acquaintances, professional relationships and personal relationships. The parties may not proceed or take part in mediation if there is a previous relationship with their mediator, unless the other party entering into mediation waives the conflict and trusts that the mediator will handle their case with the due diligence, care and equality that any mediator with no prior relationship would show.

Initial Contact

When potential clients come to the office for their free initial consultation with a mediator, both parties are required to attend. This prevents potential bias and conflict between the parties and the mediator, as well as ensures that both parties are interested in pursuing the path of mediation. The mediators practicing at our office are trained in preventing bias between the parties through all steps of mediation. All communications between the parties and the mediators are shared with the other party, and neither party receives legal advice from the mediator.