There are a number reasons why people turn to mediation to resolve disputes.
Mediation is a way of reaching resolution of a problem with the minimum of confrontation and hostility and without the ill feeling and hurt that can often follow a court case which, by its very nature, will result in a winner and a loser.
Mediation helps parties to come to an agreement in a neutral setting.
Civil and commercial mediation generally begins with all parties in the same room and, because communication is direct rather than through solicitors’ letters, this encourages understanding and cooperation. Smaller sessions may also be appropriate. Family mediation begins with individual sessions but soon moves on to joint meetings where issues can be explored and solutions identified.
Mediation discourages confrontation and promotes cooperation by focusing on the shared nature of the problem, rather than the entrenched positions into which parties may have settled. This can be absolutely vital if there will be an enduring relationship between the parties after the dispute at hand has been resolved – for example, in family and neighbourhood disputes or those between employee and employer or student and school.
Below are six reasons to choose mediation to resolve your dispute on separation.
Mediation costs a fraction of the amount of a court case. In civil mediation the costs are agreed in advance by all parties and are based on the estimated length of the mediation session and whether facilities are to be provided. These costs are split between the participants, generally half each. Family mediation is a little less predictable, but generally speaking all the issues have been resolved within 5 or 6 sessions, often fewer.
Everyone who is familiar with the courts or reads the newspapers regularly will know that legal cases take an incredible amount of time to come to trial. Mediation is arranged at the mutual convenience of participants and is invariably much quicker.
The wait for a court date is a long one. The courts are extremely busy and it can be months between hearings. Your lives are left on hold pending a further court date. In addition, in a children case, if you need a CAFCASS report http://www.cafcass.gov.uk/ they can take 16+ weeks. Reports from other experts can take as long, if not longer.
4.Court proceedings are stressful. The nature of the process is adversarial. Correspondence is frequent, there is much documentation. Few relish the prospect of being cross-examined by experienced counsel.
Perhaps the final benefit of mediation is its cost in comparison to litigation. Legal action is very expensive and the higher in the legal process the case proceeds, the bigger the bill.
5.Control over the situation
You decide the issues you want to talk about and the priority. You are able to make offers and suggest proposals for agreement which are without prejudice – if the mediation fails, the Judge won’t know the concessions you were prepared to make to reach an agreement in mediation. You can take a break if the mediation gets too much and step out of the meeting. You decide how many meetings you need to have, and when. Ultimately, an agreement reached is one decided by you, with the concessions you are prepared to make.
With Court, the Judge, who doesn’t know you, your children, your ex – decides the future for your family.
6, Less confrontational
The mediation process tends to be less confrontational and less antagonistic than the alternatives. That is the best to resort to solve dipute matters with dignity.
Contact Brav,for further details. We’re here to help you out.