Court vs. Mediation

When you are faced with a legal issue that may need to be taken to court, it may be advisable to attempt mediation first. Overall mediation can achieve a more favorable outcome with less money and time that issues that need to be resolved using the court system.

In the court system your case is usually public knowledge. However through mediation cases are kept private and confidential. Courts take a lot of time and are usually lengthened by conflicting schedules between parties, attorneys, judges, etc. In mediation you set the schedule. Of course there are several people’s schedules you still need to deal with, but overall you are much less likely to experience significant delays in scheduling as you would in the courts.

Judges have very little time to hear or review your individual case. Sometimes they have less than five minutes to hear what you have to say. In fact, you may only get a minute or two to testify in your own case. Through mediation services you are able to spend the time necessary to be heard. You are able to fully describe your situation and work on a solution. Many times you have to make split second decisions in crowded hallways on your case when dealing with the court system. In mediation, however, you are able to take the necessary time to think over your decision.

Court costs can become very expensive. Every delay costs money. Time that your attorney spends preparing your case and every hour your attorney spends waiting on your case costs you money even if there is no progress made. Through mediation you are able to control the cost for the most part. The cost of mediation tends to be about one-third of the cost of a typical court proceeding.

Using Mediation for Parenting Schedule

In many states couples are being asked to try mediation before taking divorce and/or custody issues to the courts. Some couples are able to do this, however other couples cannot due to hostility. If you feel that you are a couple that can work out your issues through mediation, you will find that the process is much easier and much, much cheaper! A mediator is a neutral third party that can help resolve issues that may arise during the process. Mediators are able to also help get everything put together legally so that it can be presented to the courts properly.

When parents use mediation services and work to put together a parenting plan without court intervention this allows the children involved to feel less stress. Older children can be involved in the process and can voice their opinion about the schedule. Mediators will take into account the child’s wishes and what is in the best interest of the child.

One major advantage of using a mediator versus using litigation is that by using mediation parents can find a reasonable schedule that will work for them. They have a say in what happens. However, in litigation the court will usually make all of the decisions pertaining to the schedule. In situations where both parents are willing to work with a mediator, an agreement is able to be reached approximately 60 percent of the time without any court intervention.

To make mediation services work it is necessary that both parents come with an open mind and be willing to listen. When parents come to mediation with an open mind they are able to brainstorm and come to a solution that is workable for everyone involved. Most importantly, it is important that the focus be on what is best for the children, not on what went wrong with the marriage.