Mediation gives people involved in
a dispute the opportunity to get together with a trained neutral
individual to seek lasting solutions to their problem in a
collaborative process. The Mediation Division for the Office of
the State's Attorney provides the citizens of Worcester County with an
alternative means of resolving:
- minor types of criminal charges such as
trespass, telephone abuse, malicious destruction of property, assault,
and the like, before
trial;
- disputes in
which present or former spouses, boyfriends/girlfriends, siblings,
parents or extended family members are caught up in family turmoil, and;
- incidents arising out of a multitude of neighbor
vs. neighbor disagreements or community disputes prior to criminal charges being filed.
What is Mediation?
Mediation is a process in which a trained neutral person, a "mediator",
helps people in a dispute to communicate with one another, to
understand each other, and if possible, to reach agreements that
satisfy everyone's needs. It is an alternative to having a case
heard at trial by a judge who makes a decision about who wins and who
loses.
- Mediation can help you to reach agreements, build
relationships, and find solutions that work.
- Mediators create a safe space so you can discuss your needs
and listen to the needs of the other party.
- In mediation you speak for yourself and make your own
decisions.
- Mediators will not provide any legal advice, or recommend
the terms of an agreement.
- Try mediation if you value your privacy or if you want to
take an active role in resolving a dispute.
- Mediation can help protect your privacy. Unlike
courtroom proceedings, which are open to the public, mediation is
conducted behind closed doors, and only the signed agreement becomes a
public document.
What Happens
in a Mediation Session?
At a reserved time, the mediator listens to all the
parties tell their side of what happened, in an effort to understand
how the dispute came about and to learn how each party would like to
see the problem resolved. The process encourages communication
between the parties within boundaries faciliated by the mediator.
Referrals may be made to agencies in the county to
assist the parties in building skills that may be lacking (budgeting,
parenting, etc.,) or to experts in the field of individual or family
counseling.
Then What?
When the parties reach an agreement, it is put into a brief written
form by the mediator. The parties sign the agreement and receive
a copy. In those matters involving a criminal charge, the
mediator makes a recommendation about its disposition to the prosecutor
assigned to handle the case. Recommendations are subject to
review by the State's Attorney's Office which retains final discretion.
Why Should I Mediate?
If
your case is referred to mediation, or if someone suggests that you try
mediation instead of going to court, it may be because:
- Mediation may save you time and money
- Mediation is less formal and a less stressful way
to reach a solution
- Mediation provides an opportunity for you to say
what's important to you and hear the other person's perspectives.
- Mediation may help you to figure out how to get
your needs and the other person's needs met.
- You are in control and you know what your needs
are better than any judge or jury.
- Many business disputes, family conflicts,
neighborhood disputes, and one-on-one issues are most effectively
resolved in mediation.
- Mediation can result in creative alternatives and
compromises that are satisfactory to both sides.
The Mediator does not decide who is right or wrong;
She merely assists the parties in coming to an acceptable solution.