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.

What is Mediation

You may have heard the term “mediation” before but you may not really know what it is. In the legal world mediation refers to using a licensed mediator or neutral third party to help resolve legal issues without litigation. A mediator will help people create workable solutions to problems without assigning blame or making judgments. Mediation allows the parties involved to be in control of the situation rather than a judge or attorneys.

In general settlements that have been reached through mediation are far more likely to be honored than those that have been reached through a court battle. When an agreement is reached through mediation a document is drawn up with the agreement spelled out so both parties can be reminded of the agreement. For protection of each individual, it is still advisable for each party to have their own attorney who is willing to work in a mediation environment. Once the agreement is reached and written up, each party as well as their attorneys will receive a copy of the agreement. The attorneys can then file the agreement with the courts to make it legal.

Mediation is a voluntary process, although in many states is not mandatory before taking certain types of cases to litigation. During mediation the mediator will help parties understand the issues. They will help to develop solutions that are designed for the specific needs of each person. It is a mediator’s job to help keep control of the situation in the hands of the parties rather than any outside agency, individuals, or the authorities.

Overall mediation is less expensive, less stressful, less traumatic, and a less prolonged process with much better results than traditional litigation processes. Mediations are set in a private, comfortable, safe setting. Mediators are not counselors or therapists. It is a conflict resolution system.

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.

Agreeing to Disagree: Mediation for Divorcing Couples

If you and your soon-to-be ex spouse can’t agree on every element of your divorce, consider using the services of a mediator before deciding to take each other to court. Mediation is an affordable alternative to hiring lawyers and filing costly paperwork. Mediators are impartial third parties who listen to you and your spouse’s concerns. If you and your spouse are unable to arrive at a decision, the mediator will consider all the options and arrive at a decision that is the best solution to a bad situation. According to the mediation agreement, the judge takes into consideration all mediator recommendations. So, if you think a mediator is going to be easy to manipulate or that a mediator’s decision won’t ever be heard by a judge well, you’d be wrong.

But mediation isn’t about hiring someone to make decisions for you. A mediator’s goal is to help you and your estranged spouse decide on amicable solutions. Aside from keeping your divorce out of the courtroom, mediation gives you the opportunity to re-open communication with your ex husband or wife. And learning to listen and cooperate now will assist you later, when you and your ex need to make decisions regarding your children.

You may be wondering what types of decisions mediators will help you deal with. Depending on the mediator’s specialties, decisions regarding assets, division of property, custody arrangements, visitation, and child support can all be brought before a mediator. With mediation, you are expected to attend every appointment. If the court has mandated you to attend mediation, you are required to keep all appointments or inform the mediator of your need to reschedule. In some states, missing a court ordered mediation appointment could result in fines, and it doesn’t look good to a judge.

If you are attending court ordered mediation, or you have volunteered for mediation keep in mind mediator’s are here to keep you and your family in the best situation possible.

Be Informed about Mediation

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Image via Wikipedia

Either you’ve decide that mediation is the best option for you, or perhaps the court has ordered you to use mediation to solve your divorce conflicts. Whatever your situation is, the goal of mediation is to find an agreeable solution to every point of conflict. If you and your estranged spouse are unable to arrive at a solution, the mediator will make his/her recommendations to the court. Because your mediators may be in a position to influence a Judge’s decision regarding custody, child support, or visitation rights, you need to find the best mediator possible.

Like lawyers, mediators have specific training and qualifications. So, it’s important to know what a mediator’s area of expertise is before you hire him/her. If the Court has ordered you to attend mediation, you may have the choice of hiring a personal mediator. The mediator you choose must be experienced with family mediation. A mediator specializing in family mediation issues is preferable.

When you are required to participate in mediation, you may have the option of choosing a private mediator. However, be aware that the Court may specifically appoint a mediator for your case. A court appointed mediator will have specific experience in family law and the issues associated with divorce. Usually, a court appointed mediator is limited to issues specified by the judge and will not assist with other conflicts. So, if the Court has ordered you to solve your visitation conflict through court appointed meditation, the mediator will not help you decide on property issues or child support conflicts.

If you are choosing a private mediator, it’s important to find out if their expertise is in family law issues. Do they have special training in divorce mediation, and do they belong to any professional organizations. You’ll also want to know how long the mediator has been mediating family court issues, and if they have any references. Lastly, their mediation fees and payment options must be agreeable to you.

Reasons to Hire a Private Mediator

Bringing a third party into your divorce proceedings isn’t an ideal situation, but sometimes it’s the most responsible decision. Mediation isn’t designed to solve your problems. Its focus is on helping you and your estranged spouse come to an agreement on the outcome of your divorce proceedings. However, mediation isn’t suitable for all couples. Unless the Judge had mandated you to mediation, you can decide if a private mediator can help you muddle through the conflict. To help you figure out if mediation is a good fit for you, consider the following reasons.

You Want to Avoid Adversarial Litigation

No one ever thinks the divorce process will be fun and games. And wouldn’t it be in everyone’s best interest to settle your divorce with as little animosity and hostility as possible? Adversarial litigation is about the battle. If you want to avoid the battle, then mediation may be a better option.

You are Concerned that Constant Battling is Affecting Your Children

Perhaps you’ve noticed your children are becoming increasingly withdrawn and solitary. Or perhaps the opposite is happening – hostility and resentfulness. In either case, the arguing, screaming, aggression you and your estranged spouse are engaged in could be the reason behind their behavior. If this is the case, mediation may help you reach divorce solutions with less battling and more cooperation.

You Can’t Afford to Hire an Attorney to Handle Everything

Hiring a lawyer to handle your divorce from beginning to end is financially impossible for some people. Hire a mediator to assist with the decision making process, and hire a lawyer to look over the final recommendations.

Mediation is an excellent alternative to adversarial litigation. However, mediation works best when you and your estranged spouse agree that you need help, and you are both willing to communicate. Agreeing on these two points will make your divorce mediation a successful process.