Why should I mediate?
For many people in a dispute or disagreement, their first reaction may be to “lawyer up” and prepare for battle in court. Fewer people have heard about mediation, however, this should not be a reason to be hesitant about using it as an alternative dispute resolution process. Below we outline the benefits of resolving your issues through a mediation process as opposed to taking legal action.
Confidentiality
Mediation processes are confidential. You can be assured that Experienced Mediators does not share the details of your negotiations with other services and parties are asked to sign into a contract that requires them to maintain the same strict confidentiality. You can be sure that the details of your agreement are not publicly published. The mediator does not keep notes on the discussion (except for your agreements) and notes are generally not open to subpoena by the courts, so you can have open, honest and frank discussions without fear that the conversation will be used against you if your matter does go to court.
You are making the decisions
Mediation allows the parties to make decisions that are right for their family, business or neighbourhood. You know the situation better than any judge, so you should make the decisions that work best for you. Taking your matter through a legal process means a judge makes a decision for you and you have little to no input into the outcome, and the outcome could be one that adversely impacts you. Having Experienced Mediators work with you and facilitate your negotiations allows discussion, option generation and outcomes that benefit everyone.
Cost considerations
Legal processes can be expensive. Backwards and forwards party negotiations involving lawyers can mean costs rise quickly. If the matter proceeds to court you will need to ensure that you can pay the legal fees of a lawyer and court costs and if the matter drags on you can expect the costs to accumulate. In contrast, Experienced Mediators charge on a stage by stage basis, with no upfront fees to help you manage costs and reassess the situation as we move along.
Time factors
Matters that go through a legal process are rarely dealt with quickly and in some instances take years to resolve. By choosing Experienced Mediators your matter can be resolved in less than 1-2 weeks if all parties are ready to take part.
Yes, some matters may not be suitable for mediation, but most are – you can discuss your circumstances with Experienced Mediators and we can guide you to the best pathway for your particular matter.
Latoya Percival is an experienced Family Dispute Resolution Practitioner with Simple Separation, a child-centred divorce settlement service helping couples achieve a quick, amicable and legal separation or divorce. To find out more about Parenting Mediation, book a free consultation with Simple Separation here.