Family Mediation Versus Family Litigation Provides An Opportunity to Resolve Disputes Without Aggravating the ConflictPage last modified: December 12 2022
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Is Mediating More Effective Than Litigating?
In Many Circumstances Mediation Can Offer Parties In a Family Law Dispute to Resolve Issues Without the High Cost and Delays of Litigation. Additionally, Mediation Lacks the Adversarial Character of Litigation Often Resulting In Less Acrimony.
Understanding the Benefits of Mediation Services Within Family Law Disputes Including Inherently Reducing Conflict Aggravation
A common misconception of many people is the belief that Family Court litigation is the necessary way to resolve a family law matter; and accordingly, when conflict arises the first urge is to hire a lawyer as legal counsel and to commence a court proceeding. In many circumstances, legal proceedings are unnecessary as many cases may be settled without court involvement by using the alternative dispute resolution process of mediation.
Control the Outcome With Mediation Services
Generally, the litigation process using the court system is very time consuming, emotionally draining and due to the adversarial nature tending to aggravate conflict, expensive in terms of legal fees and court costs, and is especially unpredictable whereas judges will be bound to follow the law as established within legislative statutes and precedent case decisions. This last point can be, and should be, of great concern; whereas, within the litigation process, a judge will decide on issues such as child access, spousal support, child support, and the splitting of assets in a financial calculation known as equalization of net family assets. Accordingly, parties to litigation are without control of the outcome and must risk the uncertainty of a decision by a judge which may be favourable or highly unfavourable to one party or the other within a dispute. However, with mediation, the opportunity exists for the parties to negotiate an agreeable resolution that is determined as fair by the parties who are those who will be affected in the long-term.
Mediation involves a professionally trained, unbiased, neutral third-party, mediator whose role is to facilitate a healthy and constructive discussion, help to refine the issues in dispute, and to put the issues in dispute into a perspective that assists the parties in exploring solutions that may ultimately resolve the dispute; and accordingly, the mediator refrains from judging the merits of the viewpoints.
As an alternative to the litigation process which takes extensive time with pre-Trial hearings and conferences, scheduled at the convenience of the court, and often resulting years to get to a Trial and judicial decision, mediation can resolve a dispute within a day, a few days, or just a few weeks, resulting in much less stress for each party, much less cost for each party, and therefore a much more positive return to peacefulness.