Cost.
Parties share the cost of one mediator, instead of each paying a lawyer to negotiate or go to court for him or her. Mediation does not involve letter-writing or extensive document preparation, keeping the costs down more. Any necessary experts, valuators or outside opinions can be obtained jointly, instead of each person paying for their own. And there are no motions, no affidavits, no case conferences, no examinations, and no trial. The savings can be substantial.
Control.
Parties in mediation have control over the process. They can schedule meetings when it’s convenient, and control the pace of the process. Parties in mediation have complete control over the outcome; there is no judge making decisions for them. Although most parties in mediation have retained a lawyer for legal advice, they are free to make their own choices about settlement based on what they believe is fair. Because they have more control, people in mediation often find solutions that may not have been considered in the traditional, adversarial, legal context.
Less stress.
People who need a mediator are going through a stressful time. Separation and divorce, job loss, estate or family disputes, lawsuits and neighbour disagreements cause a great deal of anxiety and disruption.
Even though the conflict can be intense, mediation focuses on finding win-win solutions, rather than focusing on blame, anger, accusations, fear and guilt. This usually reduces the stress, anxiety and level of conflict experienced by the parties.
The adversarial legal system, on the other hand, is designed to find fault and make winners and losers, which, by definition, escalates conflict. Even though most lawyers settle their cases rather than go to trial, they do so in this context.
More satisfaction.
Almost all studies comparing family mediation to lawyer-negotiations and litigation show that people who choose mediation are more satisfied with the process and the result than people who negotiated through their lawyers or who went to court. Research also shows that mediated agreements are more likely to be respected by both parties than decisions imposed by judges.
Faster settlements.
Results from the Ontario Manadatory Mediation Program for civil cases show that 40 per cent of all cases settle early in mediation. This saves the parties money, time and stress. More participants agreed than disagreed that justice was served by the mediation process and that the settlement was fairer than without mediation.
Better for the children.
Parents who are trying to work out post-separation parenting agreements often feel that mediation is a better process for their children. Research shows that high conflict between separating parents hurts many children more than the separation itself. Parents in mediation often share the goal of reducing conflict so that they can focus on the needs of their children. Early mediation is a proven way of reducing stress and conflict for the benefit of the children, especially during the critical first year after separation.
Better for business, and for anyone with a continuing relationship.
People with neighbour disagreements, sports disputes, school-related issues, family disagreements or business disputes often want or need ton continue their relationships with each other. Because mediation does not seek to blame either side, it is often much easier to continue or even improve difficult relationships through mediation, something very difficult to achieve following an adversarial process.
Empowerment.
Mediation seeks to empower those in conflict to resolve their own disputes. Mediation gives each party equal opportunity to speak, to be understood, and to propose solutions. It moves at a pace with which the parties are comfortable. It seeks to provide a safe place for these difficult but necessary conversations. Neither party can gain an advantage by threats of court proceedings, stressful and costly motions, legal intimidation or delaying tactics. Because when mediation is voluntary, bad faith is less likely and can be quickly detected. Parties feeling vulnerable can discuss privately with the mediator what they need in order to feel more empowered.
Comprehensive.
All issues can be addressed at mediation; the parties define the issues and set the agenda. Unlike the legal process, which only deals with the legal issues, mediators can help the parties work through all issues that they need to resolve in order to move away from the dispute and get on with their lives.
Benefits of Mediation
Why choose mediation?
Cost.
Parties share the cost of one mediator, instead of each paying a lawyer to negotiate or go to court for him or her. Mediation does not involve letter-writing or extensive document preparation, keeping the costs down more. Any necessary experts, valuators or outside opinions can be obtained jointly, instead of each person paying for their own. And there are no motions, no affidavits, no case conferences, no examinations, and no trial. The savings can be substantial.
Control.
Parties in mediation have control over the process. They can schedule meetings when it’s convenient, and control the pace of the process. Parties in mediation have complete control over the outcome; there is no judge making decisions for them. Although most parties in mediation have retained a lawyer for legal advice, they are free to make their own choices about settlement based on what they believe is fair. Because they have more control, people in mediation often find solutions that may not have been considered in the traditional, adversarial, legal context.
Less stress.
People who need a mediator are going through a stressful time. Separation and divorce, job loss, estate or family disputes, lawsuits and neighbour disagreements cause a great deal of anxiety and disruption.
Even though the conflict can be intense, mediation focuses on finding win-win solutions, rather than focusing on blame, anger, accusations, fear and guilt. This usually reduces the stress, anxiety and level of conflict experienced by the parties.
The adversarial legal system, on the other hand, is designed to find fault and make winners and losers, which, by definition, escalates conflict. Even though most lawyers settle their cases rather than go to trial, they do so in this context.
More satisfaction.
Almost all studies comparing family mediation to lawyer-negotiations and litigation show that people who choose mediation are more satisfied with the process and the result than people who negotiated through their lawyers or who went to court. Research also shows that mediated agreements are more likely to be respected by both parties than decisions imposed by judges.
Faster settlements.
Results from the Ontario Manadatory Mediation Program for civil cases show that 40 per cent of all cases settle early in mediation. This saves the parties money, time and stress. More participants agreed than disagreed that justice was served by the mediation process and that the settlement was fairer than without mediation.
Better for the children.
Parents who are trying to work out post-separation parenting agreements often feel that mediation is a better process for their children. Research shows that high conflict between separating parents hurts many children more than the separation itself. Parents in mediation often share the goal of reducing conflict so that they can focus on the needs of their children. Early mediation is a proven way of reducing stress and conflict for the benefit of the children, especially during the critical first year after separation.
Better for business, and for anyone with a continuing relationship.
People with neighbour disagreements, sports disputes, school-related issues, family disagreements or business disputes often want or need ton continue their relationships with each other. Because mediation does not seek to blame either side, it is often much easier to continue or even improve difficult relationships through mediation, something very difficult to achieve following an adversarial process.
Empowerment.
Mediation seeks to empower those in conflict to resolve their own disputes. Mediation gives each party equal opportunity to speak, to be understood, and to propose solutions. It moves at a pace with which the parties are comfortable. It seeks to provide a safe place for these difficult but necessary conversations. Neither party can gain an advantage by threats of court proceedings, stressful and costly motions, legal intimidation or delaying tactics. Because when mediation is voluntary, bad faith is less likely and can be quickly detected. Parties feeling vulnerable can discuss privately with the mediator what they need in order to feel more empowered.
Comprehensive.
All issues can be addressed at mediation; the parties define the issues and set the agenda. Unlike the legal process, which only deals with the legal issues, mediators can help the parties work through all issues that they need to resolve in order to move away from the dispute and get on with their lives.
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