Mediation involves a neutral third party or mediator helping parties arrive at a negotiated resolution of a dispute. This process is often cost effective and enables parties to control the outcome of family disputes. Often, solutions are arrived at through mediation, which would not be possible in a traditional adversarial setting. Once couples are successful in mediation, they are encouraged to put their agreement into writing. Usually each party will obtain independent legal advice from a lawyer before actually signing the agreement.
Feel free to contact us to discuss if mediation is a good process for your unique situation.
Tangible Benefits of Mediation
- Money. In most cases the financial cost of mediation can be far less that a protracted legal battle.
- Time. Mediation is going to be a much faster process because it is, for the most part, dependent upon the availability of the participants as apposed to court dates and judges decisions that can literally take months and sometimes years.
- A plan of action. Mediation allows flexibility and a more personalized plan of action which allows for things to take place in an orderly fashion accommodating both parties and others.
Intangible Benefits of Mediation
- Control over outcomes. When you go before a judge you are in fact “rolling the dice” and hoping the judge is going to see it your way. Good or bad, you have to live with the judge’s decision. A mediated settlement gives you control over outcomes, outcomes you agree to and can live with.
- Objectivity. When embroiled in conflict it is very difficult to be objective and perhaps pragmatic in terms of what is or isn’t reasonable. The mediator can help parties “see” the situation without the emotional baggage which often is the key to a successful mediation. This allows for true insight and enhances a resolution that benefits everyone.
- Emotional Health. Because mediation allows for parties to “air out” issues that are important to them, the essential need to be heard and understood is met. This can allow for closure around many issues and can avoid bitterness and tainted outcomes.
In summary, mediation makes sense for many conflicts, in particular family divorce and separation matters.
When you consider the time, money and emotional costs involved in court actions, mediation or some sort of collaborative solution is very often the best route to take. The decision to go the mediation process doesn’t necessarily mean or even imply some sort of restored relationship, (omit the just be friends thing – sounds unprofessional) but just a smarter way of handling disputes.