Comprehensive: Mediation can effectively address every issue involved in the most disputes.
Saves Time and Money: Studies show that mediation usually saves time and results in substantial cost savings over litigation (court trial).
Protects Privacy: All discussions in mediation are confidential. Mediation avoids public disclosure of private matters.
Non-adversarial: Mediation can deescalate conflicts, diffuses emotions, and help the parties avoid destructive battles.
Convenient: The informal format of mediation gives the parties greater flexibility in scheduling the format, date, time, and length of sessions.
Effective: Mediation produces agreement in the majority of cases. Studies have also found that individuals who use mediation are more likely to be satisfied with the experience, than those who have relied solely on litigation.
Better for Children: The most harmful aspect of a divorce for children is the conflict between the parents. Research indicates that the successful adjustment of children following separation and divorce is directly related to the level of cooperation between parents and their continued involvement in the lives of their children. Mediation is a great way to set the stage for collaborative parenting during and after the divorce.
Increases Control and Predictability: In a lawsuit, decisions are going to be made that affect your life. The only question is who will make those decisions. When you allow the case to go to court you give up the right to make decisions about your own life and even the best attorneys cannot safely predict the decision of a judge. In mediation, decision-making and the outcome is controlled by the parties.
Produces Durable Agreements: Individuals who create their own agreements have a greater sense of ownership that leads to higher rates of compliance.
Produces Better Agreements: Mediation allows the parties to use creative problem solving to develop agreements that are best-suited to their specific needs and desires.
Other Options Remain Open: When people use mediation, they do not give up their right to go to court. If you are not satisfied in mediation, you can stop at any time, retain an attorney and have the judge decide the issues.
Conflicting interests, opinions and values are a natural and normal part of life. Unfortunately, when conflicts are not addressed effectively, the costs can be enormous. Mediation has proven to be an effective and economical method for resolving even the most difficult conflicts. The parties to a dispute greatly reduce their ability to reach a settlement when negotiating without the assistance of a neutral third party. Emotions are too high and communications too poor to allow for effective negotiations.
Adding a neutral third party with both procedural and substantive expertise to the mix has proven to be an effective method for removing the barriers to resolving the issues in dispute. Most disputes are not rooted in irreconcilable differences, but rather in an abundance of misunderstandings regarding the situation and the other partyʼs positions.
The mediator provides a safe environment for the parties to develop productive communications and shared understandings. In summary, mediation is a form of facilitated negotiation. The mediator is a skilled guide with expertise in assisting individuals, businesses, and organizations in the effective negotiation of difficult issues.
By acting as a neutral third party, the mediator provides the parties with the best possible opportunity to reach a wise and lasting settlement by improving communications, evaluating the issues, identifying solutions and negotiating agreements.