If you are going through a legal dispute, you may want to consider mediation instead of going to court. Mediation is an alternative dispute resolution process that involves a neutral third party who helps you resolve your case.
Unlike litigation, where a judge makes a decision over your case, mediation is voluntary and confidential. It can help you avoid the stress and expense of protracted litigation.
1. It’s cheaper
Using mediation instead of going to court is a smart move for a number of reasons. It’s cheaper, faster, and less confrontational than pursuing litigation.
Mediation is a collaborative process where a neutral mediator facilitates conversations between you and your spouse or other party about issues in your case. The goal of mediation is to reduce conflict and find a solution that both parties agree upon.
In contrast, courtroom litigation – which includes discovery, pre-hearing conferences and the actual trial – can last weeks, months or even years.
The cost of litigation can be a significant drain on your finances. Besides attorney fees, litigation often involves high-cost court filing fees and deposition transcript costs.
On the other hand, if you and your spouse are able to resolve your dispute through mediation, it can be less expensive and more efficient. It’s also confidential, and preserves important relationships that might be lost in litigation. This makes it a good choice for many situations, including divorces, business disputes and custody cases.
2. It’s faster
If you need to resolve a legal matter, consider mediation instead of going to court. You will save money by avoiding lawyers fees and the time and cost of a trial.
When a case goes to court, it can take months before you get your first hearing date, which is a frustrating and stressful experience. You may also be forced to reschedule your dates multiple times.
Mediation, on the other hand, can often result in a settlement within weeks. That means less time away from work, children and real moments that matter to you.
Because of this, you can often avoid the stress, expense and emotional fallout of a long trial process. You can also reach a resolution that will help you and your ex-spouse start the next chapter of your lives with peace of mind.
3. It’s less confrontational
Mediation can be a great option for anyone who wants to avoid the confrontational atmosphere of court proceedings. This is because the parties are able to go into private sessions with a mediator and share their points of view without fear or reprisal.
In addition, mediation can be used as a tool to resolve conflicts that are causing people distress or have negative effects on their lives. For example, it can be used to settle employment discrimination cases and harassment complaints.
Unlike litigation, which is characterized by a win-lose mentality where there is a winner and a loser, mediation can be used to find solutions that are satisfactory to both parties’ interests. For example, a skilled mediator can help the parties to explore their feelings and beliefs about their case and their future and work together to find a solution that they both can live with.
4. It’s less stressful
The parties retain a greater degree of control over their case and their future. They are not subject to arbitrary decisions made by a judge who is often not able or willing to understand your particular situation.
Rather than rehash old issues, mediation encourages parties to think of new ways to resolve the conflict. This helps both sides to work together and preserve the relationship they have with one another.
Mediation also allows the parties to be more creative than in court, where statutes limit remedies and may make them less likely to find solutions that suit them best.
If you and your partner are having a difficult time resolving your divorce, consider going to mediation. It can be much less stressful and cost-effective than litigation, while still delivering the resolution you want. It can also keep you and your partner on good terms in the years to come. It’s the way to go for many people who are facing divorce or other family law disputes.