In a divorce, it is very common that parties, experience different types of emotions, which may vary from feeling hurt, betrayed, and even depression – to name a few. When you are involved in a litigation process, the mind-set is always about winning or losing. Unfortunately, this is not at all helpful for parties emotional health and that of their children.
The reality is that in a divorce or a child related dispute, no one wins! The last thing any party needs is to be embroiled in long, stressful, unpredictable and costly proceedings.
Mediation is an essential and therapeutic means of resolving family disputes. In mediation an experienced mediator will facilitate discussions between the parties, to come to a mutually agreed arrangement without having to go to court. Parties are in control of their family re-arrangements and can come up with creative solutions that will benefit all in the family and help them move on holistically. It takes away all the anxiety and stress of being in court and leaving the future of your family in the hands of the Judge.
At mediation, the focus is on the needs of the parties and how they can assist or accommodate each other on various points in order to have an amicable divorce. Parties and their lawyers work with the mediator hand in hand in a non-adversarial setting.
Mediation is about working together to reach a compromise and to work on underlying issues which may not always be dealt with if parties are just focussed on winning in litigation. Underlying issues if not resolved and dealt with can cause more disarray in the future.
In a mediation, one party can share openly and confidentially with the mediator thereby cutting out all the finger pointing and blaming which triggers negative emotions against each other. The mediator is skilled to then facilitate a discussion between parties in an amicable fashion so that the “elephant in the room “ can be addressed by parties.
As can be seen, it is a more economical and less stressful and emotional means of resolving matters that can be very private to parties, cutting out all the acrimony and stress that litigation can cause.
To summarise the benefits of mediation are many and these are just a few:-
- Mediation is almost always faster and less expensive than going to court.
- Couples learn how to work together for the benefit of their children. You can work out an agreement that works best for both of you and does not unnecessarily disrupt your children’s lives.
- Parties can settle the issues of division of assets and maintenance creatively to suit the parties’ circumstances unlike blanket orders that the Court will make
For queries on the divorce and family disputes, or if you require mediation assistance for family related matters, you are welcome to contact me at sharanjit@advoxlaw.com