It is not a coincidence that participants who enter family law mediation walk away more satisfied than former couples who address their separation through the courts.
This process allows all sides to come to the table in a semi-formal environment, empowering them to set their own terms and stripping away the minutia of a prolonged legal battle.
It is emblematic of making the best out of a bad situation, but when men and women take stock of mediation practices, they understand why it is the more preferable path to take.
Bypassing The Litigation Route
By its very nature, the move towards litigation is a confrontational and aggressive approach. It can pay dividends for one spouse over another, but there can be lasting damage for all parties. By opting for family law mediation practices, participants are able to avoid a setting that incurs more costs, pits one side against the other and leaves next to no room for true negotiation. They are also tense and formal environments where an open dialogue cannot be engaged. It is an option that will remain open for adults who want that leverage, but it should be a contingency rather than a first choice.
Taking Control of The Situation
Arguably the greatest aspect of family law mediation practices is handing control of the situation back to the two individuals. Filing for litigation creates outcomes that are definitive and inflexible, imposing provisions on men and women that can be a burden. In this environment, there is no one else to blame and less animosity because each side is able to find out-of-the-box resolutions that are free from strict legal entanglements. If both parties agree to the terms, then that will be satisfactory. Should there be goodwill when entering these talks, then there is no reason not to embrace the benefits of mediation.
Keeping Options Open
Unless there has been a certified prenuptial agreement that is definitive about the terms of a separation, then the use of family law mediation will help to keep the options open for both sides. This can involve a number of sensitive subjects from custody rights and schedules to the division of liabilities and assets to alimony payments. Given family and work commitments, there can be concessions offered for certain periods on one hand while flexible arrangements can be drafted for the benefit of a son or daughter.
Saving Money & Time
There are two commodities that participants will struggle to get back when they opt for litigation during separation – money and time. Going down the courtroom route will incur higher fees and draw out the process to include hearings and legal consultations that become expensive to manage. People’s lives don’t stop just because there is a separation and with the use of family law mediation sessions, community members are encouraged to settle the case in their own time and on their own terms.
Enjoying a Fair Process
An independent representative will oversee family law mediation sessions, although lawyers are encouraged to guide their clients during these appointments where necessary. That objective presence helps to ensure that there are no hidden agendas or family politics involved in the matter. They will be working with the facts at hand while encouraging parties to come to the table and negotiate terms in good faith.
The important fact to know for a spouse is that litigation is always an option if they feel their rights and entitlements are not being respected. Ultimately more participants walk away satisfied with family law mediation practices than the alternative. If both sides are able to stay in contact and reach out to a mediation firm, then the process can begin before both individuals start the next chapter of their lives.
