Benefits of Mediation
Family Law Mediator can help you and your spouse work together to identify and solve the problems caused by your separation or divorce. The mediator doesn't take sides, make decisions or force solutions on you. Mediator encourages you and your spouse to listen to each other and helps you find ways to solve your issues. Mediation can help you find solutions that you can both accept. If you have children, the mediator will help you reach an agreement that's in their best interest.
Mediation is confidential. Mediation is typically faster and much less expensive than adversarial or litigated disputes. Agreements reached through mediation tend to last over time because the people affected by the decisions are the ones making them. When parties reach their own agreement, they avoid unpredictable solutions that often result from the adversarial process. Mediation does not dwell in the past, but looks to the future, creating a positive environment for parties to relate to each other on a go-forward basis.
By contrast, in a litigated divorce (or other lawsuit), a judge decides all contested issues according to standard legal criteria that may not meet the needs of the parties. In short, once it is in the courts you no longer have any control of the outcome. One, or both, parties are going to lose. If they must continue to associate with each other, it will likely be confrontational and highly unpleasant.
There are many benefits. By far the most important is that, in mediation, the parties arrive at their own agreement acceptable to both sides. There is no “right” or “wrong”. There is no loser in the dispute, as neither side loses control. The mediation process protects the integrity of those in dispute and enhances the possibility of a workable future relationship.