Benefits of mediation
Family mediation is a voluntary and confidential form of resolution. A neutral and impartial third party is appointed as the mediator to try and help the parties with negotiation regarding their dispute. The mediator helps to facilitate discussions between the parties, and assist the parties to reach their own informed decision. The mediator does not have authority to impose any decisions on the parties.
There are many benefits in attempting mediation. The mediator can act as a neutral third party person and adapt to different personalities of the parties with their negotiating style, to help to resolve any miscommunication that the parties may have. The mediation process is confidential meaning all discussions or documents produced in mediation cannot be disclosed unless the parties agree.
Further, during the mediation process the mediator meets with each party privately to discuss the problem confidentially. This provides a private forum in which the parties can gain better understanding of each other’s position, which can be helpful in working towards resolution. This allows the parties to have active participation in the process and control over their outcome, in comparison to court proceedings. Mediation can be cheaper than other dispute resolution processes, such as collaborative law or litigation, as the fees of a mediator are far less than the fees of a lawyer. Ultimately, mediation is an interest based process rather than a rights based process which can make it easier to preserve good relationships between the parties.
A mediated agreement however will require legal advice upon it. A lawyer can help to formalise this agreement by way of a Court Order to make it binding.
These are some of the points to consider when choosing the mediation process. For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.