A compelling alternative to court litigation, the process of mediation can have tangible results that are agreed upon by both participating parties. The main difference between mediation and litigation is the process that is followed to resolve the issue at hand. While mediation is a non-binding process moderated by an independent expert, litigation is a binding one that is overseen by one or more experts who preside over the process to judge the case. Westover Law outlines the main advantages of mediation in this article.
Mediation is private and confidential
A major advantage of the mediation process is that it is confidential. Whatever both parties discuss with the mediator is kept private. Their sessions may not even be recorded or transcribed. This can be beneficial for parties who do not want to air their dirty laundry in public, keeping their private matters away from the public eye.
This high level of confidentiality ensures that the participating parties are more open and candid with their inputs. The statements provided by both parties are only used by the mediator to navigate the process of reaching a resolution or settlement.
Mediation is both timely and convenient
The process of mediation can be undertaken in a much quicker timeframe than court litigation or trials. Therefore, dispute resolution can be achieved much faster through the skills and expertise of a mediator instead of spending months or even years in the court system.
Usually, these mediation sessions can be completed in 1 to 5 days, depending on the severity of the issue at hand as well as the willingness of the parties to negotiate.
Mediation is procedural assistance of a neutral third party
The appointed mediator in your mediation session is independent and objective. This professional is unbiased and encourages opposing parties to negotiate and compromise. However, a mediator does not advise or provide judgement. Instead, they work actively to facilitate resolutions and agreements decided by the two parties.
Mediation has a high rate of compliance
Finally, as mediation produces quicker results that are favorable to both parties involved, there is a higher level of compliance. It is said that parties report better outcomes from mediation sessions than court litigation. This is because there is no winner or loser in mediation. No one party is declared guilty and the settlement is one that is mutually discussed and decided by both sides.
If you are facing an uphill battle with a family law issue, why not give mediation a shot? An independent mediator can help you navigate through the murky waters, while guiding negotiations and finding a mutual solution that can be beneficial to both parties in the long run. For more information on the advantages of mediation, contact Westover Law today.