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Flexibility
There is much more room for creativity when you resolve your dispute yourself or with the help of a third party. You can work together to arrive at a solution that meets the needs of all parties.
Control
You will have more control over both the process and the outcome.
Personal Satisfaction
You are more likely to be satisfied with both the process and outcome because you chose the mediation process and played a more active role in resolving your dispute and designing a solution that is best for you.
Lower Costs/Less Time
Mediation may save you both time and money. They are generally faster and less complex than proceeding through the court system, and that can mean a savings in legal fees and court costs.
Confidentiality
The process of mediation and results can, in general, be kept confidential except in certain circumstances where the law does require disclosure of information.
Getting at the Root of the Problem
Many disputes are the result of underlying problems. Mediation can get at the issues which contributed to creating the dispute. At the same time, they work towards a solution that is satisfactory for everyone involved.
Maintaining relationships
Because divorce often involve parties who have a working or family relationship, they will need to continue to live or work together after the dispute is resolved. Mediation encourages people to work together at resolving the disagreement which often results in improved relationships and perhaps in fewer new disputes.
Agreements that last
Parties are more likely to comply with an agreement that they helped design rather than one that was imposed on them.
There are times when disputes should be left to the Courts to decide:
The issue of violence itself is not mediatable The courts may provide better protection for parties who have been the victim of violence or threats of violence. Also, where a severe power imbalance between the parties is so pronounced that it cannot be properly managed, even by an experienced mediator, the courts may be better equipped to handle the matter.
The mediation process is confidential and therefore are not appropriate if one of the parties wants the issue to be publicized or wants the outcome to be seen as an example for other similar disputes.
Also, where there is a need to establish precedent, where the outcome of the case could affect a great number of people or where a definite and broadly applicable solution is required, the court would be the appropriate forum to resolve the dispute.
Other benefits include:
- less delay
- prompt resolution of dispute
- "without prejudice"
- your solution, not that of a third party
- a creative approach
- tried, tested and cost effective
- high probability of success
Why should we cooperate when we do not like each other?
Because it will give your children a better chance for a secure and satisfying life. Cooperation is important not just for the sake of the children, but for your benefit as well and leads to:
• better parent-child relationships;
• fewer problems for your children;
• more personal satisfaction for the parents and less frustration;
• less visitation problems;
• less child support problems;
• less going back to court;
• sharing of responsibility;
• more freedom from conflict;
• fewer health, emotional, school, and social problems.
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