When dealing with divorce, custody issues, employment disputes etc, you may feel that court is the only option, but going to court can be a long winded and stressful endeavour as well as being very expensive. Mediation can offer a lower cost and less severe alternative to help come to arrangements that all parties are happy with in a more relaxed environment. When arrangements are made through mediation they are voluntary, meaning all parties have agreed and the arrangement. This reduces long term animosity and means the arrangements are much more likely to remain in place. In a court case each lawyer will have only the best interest of their client in mind which often means the person with the lesser experienced or quality lawyer ends up with a bad deal, whereas in mediation the mediators are all impartial and are there to help you come to an agreement where everyone involved is happy.
They focus on practical solutions to problems and not on ‘winning’. They are fully trained, vetted and quality assured so you can be certain that they are giving you the best advice. Mediation is also a lot quicker than a court case as problems could be solved in as little as 1 or two mediation sessions, depending on the nature and complexity of the case. If a case was to go to court it would have to go through filling, pre-trial, discovery phase, filling again, motions, the trial and potentially re-trials and appeals. This is time that most people don’t have to spare and can be avoided with a good mediator
All of these stages cost money and many courts will insist that mediation be tried before they will consider hearing a trial. For this reason it is important to try and facilitate the mediation process to give it as much chance of success as possible. Avoiding costly court cases could save £1000’s and more depending on the nature of the case. When it comes to divorce and in particular those involving the custody of children mediation is always recommended by solicitors as the first step to take. If things can be sorted out via mediation it will greatly reduce the stress on the people involved including the children, and also reduce the amount of time one parent may be kept from seeing the children, this service can also be used to arrange contact and visitation rights of grandparents. Mediation is also a great option for discussing more sensitive issues that you may not want to or feel comfortable discussing in court.
If you are considering a court case always ensure you speak to a mediator fist, as you may be surprised how much they can help