Mediation: Why is it right for you?
Mediation is a process for resolving conflicts in which the mediator acts as a neutral party in order to facilitate peaceful negotiations between the parties.
Mediation encourages satisfactory outcomes for both parties by offering (not imposing) unique solutions, which can be tailored to specific situations that are not often available through the court system.
Mediation vs Litigation
Litigation is time consuming. It is not unusual for a divorce proceeding to take many months before a resolution is reached. During this time frame the parties tend to experience emotional distress;
The cost of litigation is excessive and depending on how many other people need to be involved, the cost could increase by many thousands of dollars. Many times clients are not in a financial position to pay these costs;
There is a psychological advantage when a party voluntarily agrees to perform certain obligations. Since the parties are empowered during mediation to make their own decisions, there is a stronger possibility that the parties will comply with self- imposed responsibilities than if the same burdens were imposed by a judge;
Finally, when the parties have resolved the issues through their own agreement, there is often less acrimony than in the case of litigation.
There are a number of advantages in reaching an agreement rather than litigation:
It is a voluntary process; you can leave at any time.
Mediation is less expensive than the traditional attorney vs. attorney process, though the attorneys can be very helpful in mediation.
Mediation leaves the parties in control of decision making.
Mediation avoids the nasty tone of adversarial divorce and advocates a problem solving approach.
Unique and Individualized Problem Solving
The goal in mediation is to arrive at agreements that work for the parties and their children. Mediation does not impose a settlement; the purpose is to help the parties develop a settlement that works well for them and their children.
Mediation moves quickly and is private. Mediation permits the parties to develop a complete divorce settlement or a few issues; i.e., custody, property division, maintenance. Sessions are conducted jointly with both clients in a room at the same time, unless separation is more helpful.
A Mediator is a neutral professional.