Understanding Mediation

3 minute read Oct. 1, 2024

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained on the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.

Mediation is a less costly alternative than heading to court. It’s an informal and confidential way to resolve conflicts with the help of a neutral mediator. Trained to facilitate the discussion of differences between two parties, mediators can often help people reach an agreement quickly and amicably. You should discuss whether mediation is appropriate in your situation with an attorney. Depending on the legal matters involved, service members and their dependents can receive free legal assistance through their local military Legal Assistance Office.

Solutions possible through mediation

Mediation can help resolve conflicts in different areas of life, including:

Employment — Mediation can help resolve issues for service members protected under the Uniformed Services Employment and Reemployment Rights Act.
Divorce — Going through a divorce can be an emotional and contentious process. But mediation can allow two parties to compromise and bring a civil end to a marriage. The process is often quicker and cheaper than going to court.
Real estate — Service members relocate frequently and often face legal disputes related to homeownership and renting. Mediation is a way to resolve these disputes in a timely manner, so service members can focus on their relocation.
Child custody — When parents want to resolve a child custody issue, but don’t want to go to court, mediation can provide a solution both parents can agree with. The process is civil and private, and it doesn’t leave the decision up to the courts.

Benefits of mediation

Mediation can have multiple benefits, including:

Cost — Nonmilitary mediators may charge a rate similar to lawyers, but most installation Legal Assistance Offices provide free mediation services.
Time — Because mediation is informal, parties can often resolve negotiations in a short amount of time rather than during a prolonged court process.
Outcome — Since participants must agree to a resolution, the result is often satisfactory to both parties.
Privacy — Mediation takes place out of court, allowing an open discussion in a private setting.

Consider mediation if you find yourself in a conflict that has the potential to be disruptive, costly and timely to settle. Mediation is a strong alternative that allows you to stay in control of the situation.