Family mediation is a voluntary confidential form of out-of-court dispute resolution. A mediator is a neutral and impartial third party who helps the separating couple find a negotiated solution to their family issues such as child, financial, property, pension, and capital arrangements. It works because the mediator and the process itself encourage people to be heard and to speak freely. The mediator will also make sure that you listen to what the other person is saying, sometimes in a way that you have never done before, so that you at least understand what their issues are. You don’t necessarily agree with what the other person is saying, but if you did it would help, but it certainly helps to understand and it leads to effective problem-solving.
Mediation has the advantage of being able to deal with issues relating to the children at the same time and also dealing with all of the other steps necessary for an acceptable divorce settlement. In the court process, two separate applications would have to be made as the children and other necessary divorce processes are usually never dealt with together in the court process, which is often a considerable disadvantage, as well as very expensive and time-consuming.
Mediation sessions at times can be intense, challenging, and even upsetting, not the least because these issues are invariably very important to both. However, the mediator will ensure that sessions never get out of hand and that time is allowed for each to recompose. However, the tension that can be caused in mediation is nothing compared with the pressure and anxiety that a contested court case can bring with the prospect of giving evidence, being cross-examined, and someone else making a decision about your children and your final divorced matters.
REASONS COUPLES REJECT PRIVATE MEDIATION.
It’s easy to understand the financial benefits of private divorce mediation, but people have other misconceptions about the process that make them choose this option. Perhaps the biggest hurdle is that spouses don’t believe that they will receive the legal advice they need and/or have their legal rights protected during the mediation process. It couldn’t be further from the truth. Participants in divorce mediation are always free to retain the services of a lawyer and can consult their lawyer throughout the process. In addition, any settlement reached through mediation must be reviewed by the court before becoming legally binding. Judges tend to prefer a negotiated settlement where all the important issues are dealt with rather than having the spouses fight in court.
As can and does happen some people look forward to their day in court as their time to finally settle the grievances they have with their spouse. This may be another reason they might reject mediation.
Studies reveal that court battles rarely deliver the emotional satisfaction that spouses are looking for.
Each spouse will argue their case. This almost always leads to more conflict, they are not happy with the outcome the court renders, even more resentment and hurtful feelings can last for years or lifetimes.
MEDIATION is our only business. We are licensed to mediate situations nationwide. Most divorce agreements can be finalized in hours rather than months or years.