Anyone who has gone to court to settle any type of issue knows how time-consuming litigation can be. Seemingly small details can arise that lead to conflicts, challenges, and more time and money to get to the settlement. For many people who turn to mediation services as a means to settle their dispute, avoiding court is their primary goal.
How to Have a Successful Mediation
The mediator plays a significant role in the outcome of the mediation process. Every person who offers mediation services is not equally qualified or skilled to serve as role of the mediator. The mediator acts as a neutral during the process, guiding both parties to find potential outcomes to their dispute according to the laws and their specific situation. The goal of the mediator is not to reach an agreement that is better for one party or the other; but to find the best resolution for everyone involved.
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When you begin with mediation, you will have a written record of your attempt to work out a settlement and of the agreement that was made for the mediation process. Jeffrey M. Bloomexplains that this will allow you to show the judge the evidence that was presented in the mediation process and that you have taken every step possible to reach a resolution before going into litigation.
More Peaceful Divorce
From the child’s point of view, when one of their parents is suddenly no longer in their home, it means that not only do they no longer love the other parent, but their love for their children is put into doubt as well. When the children get to be the pawns each side uses against the other to win more in the divorce case, it can be devastating to the children.
Another reason that mediation is better for the kids is that it is a much faster process. A courtroom case often has a domino effect where each side tries to “outdo” the other, leading to extended court time and more feelings of anger and hostility.
When you take any dispute to court, a judge will look at the evidence presented and use the law to come to a final decision. Your specific situation doesn’t come into play. Every case differs and has unique circumstances that should be considered in the outcome.
Mediation, on the other hand, takes place in a peaceful setting where the parties negotiate possible solutions to all of the issues surrounding their divorce. Instead of each parent trying to get custody and child support for themselves, they will talk about their circumstances and decide which arrangement will make life better for the children.
Mediation services will result in a final decision that you can live with. Since all involved parties are in control of designing an agreement, it will reflect all of the important details that are not considered during litigation. The goal of any person or business going forward should be in finding the best resolution that will allow them to move forward and put the dispute behind them.