Mediation has been a way of bringing an amicable solution to disputing parties in business, civil, and family cases for centuries. In recent years, the mediation process has been utilized in the family law arena to resolve divorces, paternity issues, and other legal disputes between parties.
Mediation involves having an independent third party act as a negotiator to bring the parties together and guide them through their issues. A mediator does not decide who is right or wrong. Instead, they help the parties agree to address the disputed issue.
There are many compelling reasons why a disputing couple should opt for the mediation route rather than going directly to a divorce trial, as listed below.
Saves Time and Money
One of the most significant concerns for couples going through a dispute that could potentially lead to a divorce is the cost and the time involved in the process.
With mediation, the time needed to resolve some of the most contentious issues will be a fraction of the time needed to go through litigation, partly because the couples are already willing to have an amicable solution. In the ideal situation, couples can resolve in a few sessions, unlike the months or even years it would take to go through the entire litigation process.
More Control over the Process
While the litigation process is designed to ensure that all parties in a dispute get fair treatment in a dispute, there is very little room for controlling the outcome of the case. Family cases have a lasting impact on the parties involved and their children if they have any, and having some form of control over the outcomes of a case is not asking for too much.
Mediation allows divorcing couples to determine their destiny in matters such as child custody, property division, and other sensitive issues, thus reducing stress and the impact the process has on them and their children’s emotional well-being.
An Opportunity to Be Heard Without Airing Their Dirty Linen in Public
“If you followed the Johnny Depp vs. Amber Heard defamation trial case, you probably know what a court proceeding may look like. Theirs was not a family case, but it still dragged so much of their dirty laundry into public,” says Attorney Matt Towson of Towson Law Firm. Your family case may not make it to the news, but you will still have to air your details with more people than you would be comfortable with.
When going through mediation, you only need to share your grievances and concerns with the mediator and your attorney if you have one. The mediator then takes your grievances to the other party and helps you find a solution in relative privacy.
It Helps Make a More Informed Decision
Most people going through a divorce do not have the whole picture of what it entails, and most divorce lawyers may not take the time to make that clear for you – their goal is usually to help you through the process and nothing more.
On the other hand, a mediator helps both parties see the whole picture by reminding them how their action will impact their lives and those of their loved ones in the long run.
While the heat of emotions would be crying out for severing all ties with the other partner, a mediator can help parties understand that there will be things like birthdays, graduations, and walking down the aisle for children in the future, helping the parties make a decision with a level head is for the benefit of everyone involved.
Hemant Kumar is a project manager at Tridindia with more than nine years of commendable experience in writing about LMS, translation, and IT. His unmatched talent and passion for digital marketing gave him the opportunity to work as a multi-tasking project manager at TridIndia’s sister company, Link Building Corp. Today, he contributes to the world by imparting knowledge on SEO, link building and internet marketing etc., that helps business owners grow their online business.