Mediation is not something new. It has been around for a long time. It is an alternative dispute resolution process that had been first used by Ancient Greeks about 1,500 years ago to settle disputes. Both the opposite sides of the issue would ask for help from someone neutral to aid with resolving the disagreement. Mediation is a process that is used to resolve conflict and it helps bring parties to an agreement. It is used where decision-making remains with both parties.
A mutually acceptable agreement is reached through the assistance of a neutral mediator. Unlike an adversarial proceeding, mediation focuses on cooperation to solve the problem and it addresses the needs of the parties involved. Moreover, mediation is used for all types of conflict. However, it is especially useful in family disputes and divorce. Through active discussion and an emphasis on empathy, an agreement is reached between the parties. This post looks at the top 10 reasons why mediation is useful in settling family cases in Texas.
- Less Costly
One of the main reasons why people opt for mediation in settling family cases is because it is less costly. Both you and the aggrieved person i.e. your spouse will pay a professional who will help both of you resolve your issues. Instead of paying for waiting time at the court, you will only pay for the meetings. One would not need to spend money on costly drafting of motion papers and the accompanying court appearances. Many families suffer from financial ruin due to lengthy divorce trials and battles. Families undergoing divorce already have a lot of financial strain. Why should you have to pay the lawyer when you can use that money to pay your child’s education? When you hire a mediator such as one from Dallas TX Family Mediator, you end up saving money.
- The Discussion and Outcome Is In Your Control
By opting for mediation in settling family cases, you get to choose the topics that should be discussed and settled. You have the power and not the court over the final say when it comes to the terms of the agreement. Important questions regarding you and your children will not be in the hands of strangers because no one understands the situation better than you.
- Receive More Personal Attention
The mediation process requires you to speak your mind and allows you to be heard. One gets to work directly with their mediator who would propose a resolution based on consensus. Options will be explored and you will be given an equal opportunity to negotiate the terms and conditions of the agreement. Besides, mediation offers refined decision-making, whereas most judges are overworked. Moreover, judges do not have time to consider every single detail and at times issue an order without even understanding the entire situation.
- A Faster Resolution
Since parties set their timeframe, time is not wasted waiting for the next court date. The lawyers and judges are out of the picture and that means only those people are involved who truly care about the consequences of the resolution. Thus, a faster resolution is achieved through mediation.
- Higher Confidentiality
All documents, work notes, and communications made during the mediation are confidential and privileged. The meetings are private and held at the mediator’s office or through Skype. On the other hand, if you were in court, you would have to argue the case in a public courtroom in front of officers, court employees, and a judge. It can be dreadful for the children to watch their parents battle it out in court in front of the entire community.
- Greater Flexibility
Often, mediators agree to meet during the weekends or in the evening. They are ready to work around your busy schedule as opposed to a court that has rigid operating hours. Mediation can even be achieved through Skype or any other online service.
- Protects Children from Conflict
Custody trials require the children to be observed and interviewed by several experts. Children might need to appear in court. It exposes children to increased conflict, tension and verbal attacks which leads to depression, stress, and anxiety. While a mediator will help neutrally educate both parties and focus on the needs of the children. Parents will get to engage more sensibly and sensitively.
- A Less Adversarial Process
A neutral mediator would assist both parties to reach a mutually acceptable agreement, unlike an adversarial proceeding. Cooperation is emphasized during mediation to solve issues. A mediator can raise points which the attorney might not have been able to due to strategic reasons. Since the mediator is from a neutral standpoint, the main issues can be better resolved instead of validating one party. Side arguments are minimized through a mediator and a mutually satisfactory conclusion is the sole focus.
- Offers More Opportunities for a Family Tailored and Creative Plan
Mediating parties are not required to work within the confines of the litigation system. They have the freedom to creatively handle the situation like mature adults. Important points can be addressed more in-depth with the mediator and a final agreement can be reached which is more effective and ensures successful co-parenting post-divorce.
- Allows for Greater Stability Post-Divorce
Unlike the adversarial nature that is found in the traditional litigation system, mediation helps improve the understanding of both the parties of one another. It allows them to cooperatively communicate with each other. When you emerge from a divorce with effective communication, greater stability is achieved post-divorce. Moreover, if a conflict arises in the future, you can always return to the same mediator who will be familiar with all the circumstances and will be able to offer genuine insight.
The mediator helps moderate and settle disputes. He/ she will ensure that the agreement is clarified or modified as time passes by. As the mediator already knows the agreement is attuned to the issues faced by the family, a faster resolution can be reached in the future and you can quickly step in when you require help.