The Benefits of Mediation
When conflicts arise in a relationship breakdown, they can be timely, pricey, and stressful. Alternative Dispute Resolution processes such as mediation can assist you to reach an agreement without having to resort to going to Court for property or parenting-related matters.
What is Mediation?
Mediation in its fundamental nature, is a process where a neutral third-party known as the mediator, assists two or more parties in reaching a mutually acceptable resolution to a conflict. Unlike judges, mediators don’t decide the outcome. Instead, they facilitate communication, promote understanding, and focus the parties to narrow the issues, and see if they can come to a compromise.
Mediation provides a safe and confidential space for parties to express their concerns and work towards a solution that satisfies everyone involved. The mediator acts as a guide, helping the parties explore their underlying needs and interests, fostering empathy, and encouraging an open dialogue.
By encouraging communication and understanding, mediation can often lead to more sustainable and long-lasting agreements compared to traditional litigation.
The Family Court recognises the benefits of mediation, this is why the Court requires the parties to make genuine efforts to resolve their dispute prior to going to Court. Refer to our guide about court proceedings here.
The Benefits of Mediation
Emotional Benefits
One of the most notable emotional benefits of mediation is that it alleviates stress. Going through a relationship breakdown is already an emotional rollercoaster, you don’t need the added stress of a hearing on top of this.
The atmosphere during mediation is typically more relaxed than that of a courtroom, and the process fosters productive communication. Additionally, reaching a mutually agreed-upon solution can lead to better relationships between the parties.
Financial Benefits
Mediation can be a cost-effective alternative to litigation. The process is usually quicker, reducing the amount of paid legal hours. Moreover, it can also eliminate the need for a trial, which can be exceptionally expensive.
Legal Benefits
Mediation provides parties with more control over the outcome of their dispute. Unlike court decisions, which are binding and leave one party a “loser,” mediation allows parties to tailor solutions to fit their unique needs and interests.
Mediation vs. Litigation
Cost Comparison
When compared with litigation, mediation generally costs less. This is because it involves fewer procedures and often leads to quicker resolutions. However, the exact cost differences depend on the specifics of each case.
Time Comparison
Mediation can often be completed in as little as a few hours. By comparison, Court proceedings can take 18 months to 2 years from the date of filing to get to a trial, depending on the Court.
Privacy and Confidentiality
Mediation is a private procedure. The details are confidential and only known to the parties involved, ensuring a higher degree of privacy and confidentiality.
Mediation’s benefits and effectiveness make it a compelling choice for resolving conflicts without wasting time, money, or relationships. Please make an appointment with one of our family lawyers Bowen & Cannonvale.
