How Court Fails the Family…How About Using Mediation Instead?
Today, legal disagreements may destroy a business, a family, or a person. They are expensive not just financially, but also from a personal and emotional standpoint. They are time-consuming and can be so distracting that they interfere with the capacity to perform other tasks. Mental health can take a real hit when dealing with sticky legal disputes, especially if it’s related to family law.
A good alternative to a lawsuit is mediation. It is a method in which an unbiased and skilled individual assists parties in voluntarily resolving a legal issue without incurring the ongoing costs of litigation. What advantages does mediation offer?
Below are five things you should consider if you are dealing with a situation of this nature…
A neutral third party, the mediator, will attentively listen to the concerns.
In litigation, the underlying concerns are sometimes obscured by legal technicalities, attorney disputes, and procedural maneuvers, etc. In mediation, a trained mediator will listen to the parties' descriptions of the issues at hand and guide them toward an amicable conclusion.
The cost of mediation, including attorney preparation time and mediator costs, is far less costly than what it will cost to prepare a case for trial.
Even if the mediation is not arranged until after the conclusion of discovery, when large expenditures have already been paid, preparing for and engaging in mediation is far less expensive than going to trial. Obviously, the sooner mediation occurs in the process, the better.
The flexibility of the parties is substantially expanded.
Unlike the judicial system, parties choose the mediator. Similarly, although the court system is highly organized and governed by several regulations, the parties can create the mediation process in mediation. In certain instances, it will be optimal to separate the parties for the majority or the entirety of the session. In other situations, the mediator will enable contact between the parties directly. In addition, mediators can employ a facilitative method, concentrating on the parties' needs rather than the legal aspects of the case in order to bring them to a resolution. Occasionally, they take an evaluative tone, assessing the probable result of the factual and legal problems in court. Different situations call for varied approaches. In mediation, the parties select the approach they believe will be most effective for their case.
The mediation process is optional. No one may compel parties to accept a contract.
The mediator does not render judgments or make decisions. The parties are free to construct the resolution that would work best for them, regardless of whether it would be accessible in court. Creativity in the settlement is highly desirable, and only if both parties agree that it will work is a resolution accomplished.
Mediation is significantly quicker than waiting for a trial and an appeal of a legal issue.
The parties will eliminate the worry, anxiety, and risk of going through the court system and will be able to immediately put the matter behind them with a mutually agreeable resolution.
What are your thoughts on mediation? Are you considering it? Talk to us…