Family disputes can be complex and emotional. Mediation offers an alternative to the traditional litigation process by offering a less adversarial, and more therapeutic way to resolve conflicts.
Mediation is a form of dispute resolution. It is a structured process wherein a neutral third party, known as the mediator, facilitates discussions between the two parties to help them find common ground. The mediator does not make decisions for the parties. The idea behind this approach is to allow for both sides to have a voice which serves to promote a sense of fairness and to reach a resolution without the assistance of a decision-maker, like a judge or an arbitrator.
Mediation offers several benefits over traditional litigation:
Mediation is usually less expensive than traditional litigation since it is generally quicker, with mediator fees being lower than legal fees for pursuing a resolution from the court.
Mediation sessions can be completely private, unlike court proceedings, which can go into the public record.
Because mediation encourages settlement, it reduces hostility. This can be helpful when children are involved, as it fosters a cooperative environment.
Courts are stricter in the solutions they impose than an agreement that might come out of mediation. This flexibility can lead to agreements that can be more tailored to both sides’ unique needs, rather than a “one size fits all” solution the court may provide.
Unlike in other areas of law, family matters do not require one to go to mediation prior to going to court, so you need both sides to voluntarily agree to mediate. You may want to consider mediation when both sides are open to negotiation and willing to be more collaborative in finding a solution to their matter.
Are you considering mediation but unsure where to begin? INB Family Law LLP has a group of family law professionals experienced in dealing with mediation. Contact us today to book a consultation and get the personalised advice you need.