Mediation is usually a cheaper, quicker and more private alternative to going to court…

Mediation is a process where a trained professional helps spouses resolve any disagreements by negotiation. Judges, lawyers, and counselors now agree that mediation is a better way to resolve disputes between family members than going to court in a vast majority of cases. Here is a list of advantages of mediation over litigation as a way of resolving disputes: 

  • Mediation is generally less costly than litigation.
  • It usually takes much less time to schedule and complete mediation than to get your case heard in court.
  • It is more flexible and can be scheduled for times more convenient for everyone.
  • It takes place in a neutral non-court setting where most people are more comfortable.
  • Sessions take place in private. There is no need to air grievances in a public setting.
  • Matters discussed can almost always be kept confidential.
  • It keeps the lines of communication between you and your ex-partner open.
  • It will help you identify and clarify the issues, reduce misunderstandings, enhance mutual interests, and will usually result in an agreement everyone can live with.
  • It is a simple process and is more likely to result in a practical, realistic solution to the dispute.
  • It lets you deal with the root of the problems, not just the problems themselves. This prevents new problems from arising.
  • It lets you have your say without needing to worry about formal legal procedures and rules of evidence.
  • It replaces the adversarial win-lose courtroom setting with a neutral setting based on cooperative problem solving.
  • The peaceful resolution of disputes through mediation prevents problems from escalating out of control. There is no mud slinging, name calling or no-holds-barred court hearings.
  • It reduces the importance of fault finding. This prevents the build up of hostility between you and your ex-partner.
  • It allows you to make your own agreements for yourselves rather than relying on others to negotiate for you. 
  • Agreements reached through mediation can be much more detailed and resolve many more problems than court orders can. 
  • It allows you greater control over the outcome of your dispute. It eliminates the risk that the outcome will be something you will find completely unacceptable.
  • The control you can exercise through mediation allows you to tailor your agreement to your own individual needs rather than being forced to accept standard solutions imposed by a court.
  • It is highly effective and is able to resolve the vast majority of disputes.
  • People who resolve their disputes through mediation are usually more satisfied with the outcome than those who go to court.
  • More people abide by agreements reached by this method than they do court orders.
  • Ex-partners who have resolved their dispute through mediation can often continue to work together in the best interests of their children.
  • Those who have engaged each other in contentious litigation often cannot.
  • It helps you make your agreement easier to implement by covering all the details including how decisions will be made in the future.
  • In mediation, negotiation is based on your interests rather than your positions. This leads to resolutions which are in everyone’s interest and can turn a win-lose situation into a win-win situation.
  • Agreements reached through this process usually include a means of dealing with disputes which may arise in the future. These usually enable you and your ex-partner to continue to use a cooperative problem-solving approach rather than going to court.

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