• Effective Process: The success rate is usually around 80%-85%.
• Better Results: The resolution is created by the parties and is therefore tailored to their specific needs and interests. Studies show that this results in less breaches of agreement reached.
• Speed: Mediation can be arranged in a short period of time and has the effect of bringing settlement negotiations “to a head” more quickly than through the court system.
• Cost: Time, money and emotion can be saved through early resolution of the dispute. No hidden costs, what you see is what you get.
• Choice of Mediator: The parties choose their mediator, contrary to court proceedings where a judge is appointed to their case.
• Problem Centred: The mediation process focuses on the needs and interests of the parties as opposed to simply looking at their legal rights and remedies.
• Control: Parties each maintain control of the dispute and its resolution as they come up with a settlement and agree to live by it only if it is acceptable to both of them.
• Privacy/confidentiality: Mediation takes place in private and therefore the details of the dispute and its resolution need not be publicly disclosed.
• Freedom to be innovative: Because the process is confidential and takes place on a “without prejudice” basis the parties have the freedom to develop and consider innovative settlement ideas.
• Guided Negotiations: The guidance of a mediator on the negotiation process can help keep the negotiations on track and moving forward.
• Convenience: Parties decide on the date and time of the meeting based on their own schedules or those of their children.
• Informal/Relaxed Atmosphere: The informal setting and atmosphere of mediation encourages productive communication between the parties.
• Improved Relationship: Can preserve or enhance the relationship between the parties.
Today, mediation is the fastest growing alternative to more traditional processes for dispute resolution. It is being actively utilized in almost every conceivable type of dispute. With an 80-85% success rate it is wise and relatively inexpensive to try mediation. The only mistake might be not to give it a try.
Separations/divorces are emotionally, psychologically and often physically painful enough why add to it by financially mortgaging yourselves as well. Parties are competent enough to know what is important to them, they are the experts on their needs and interests and those of their children. They are quite capable of making decisions or resolving issues on their own.
