Why Use Mediation instead of Court?

Why choose mediation over Court?

New clients ask me what is the benefit of mediation for a divorce? This blog answers this question. But more importantly, I hope after reading this you will be encouraged to try this new approach to divorce or separation. In doing so, you and your partner may be able to close this chapter in your lives with acceptance and a sense of fairness. You will then be able to start your next chapter with your self esteem and mutual respect intact.

Mediation offers a number of benefits that the courts due to their structure cannot.
1. You decide the outcome. With court a Judge will decide for you and his/her decision is final. In mediation you will with the help of a trained mediator learn to decide the best outcome for all parties involved.
2. Cut your costs dramatically. Even if you decide to to your own diy divorce you will still incur considerable costs for attending court each occasion.
3. Protect your children from the pain of parental conflicts. At mediation instead of court we offer clients our unique parenting plan as drafted by several lawyers and mediators with extensive experience. This deals with all issues that will concern your child in the future.
4. Maintain your privacy. Mediation is confidential.
5. You can still use the court system if mediation does not work out. Even if proceedings have already been initiated, you can try mediation to see if it is for you. The only criteria is that you suspend your proceedings pending the outcome of mediation.
It is very important that both parties want to resolve matters. It is not necessary for either of you to know the solution at the outset your mediator has been trained to help you explore options. You need to think about the process and what you would like out of it.
Mediation is a form of dispute resolution. It is less expensive than litigation as stated above. This is due to in part the fact that it is less time consuming than having solicitors send letters, make phone calls, and barristers argue legal points before a judge. One couple who cam to me a couple of years ago came to me after having spent €20,000 in legal fees already. They could not believe how much money they could have saved if they had commenced the process sooner.
For most couples I see my fee is reduced even further as they come to mediation before engaging in a legal battle. Once a couple becomes entangled in litigation, the cost of mediation is usually greater because they must first regain a working civil relationship in order to agree on the future of issues.
Even couples who don’t work out all issues in a mediation usually agree on many of them. That means fewer questions for their lawyers or the Judge to decide and therefore less conflict and less expense.
Most importantly, children benefit when they view their parents working cooperatively, they avoid destroying the family and set the stage for coparenting afterward. Parents who use a mediator also provide positive role models for their children. They demonstrate that adults can solve their problems by talking, listening, caring and collaborating instead of arguing without achieving anything.

In conclusion, mediation can provide an effective means of resolving a dispute. Of course the process is not for everyone. It wont work when one party feels unable to express their thoughts and feelings openly without fear. If one party has unreasonable demands that the other party give up their legal rights and wont meet in the middle. Of course your mediator is skiiled in helping you overcome these issues. Parties need to be open and honest for mediation to work. For most couples, mediation is a much sought after alternative to the traditional adversarial approach which divides rather that unites in order to find a mutually acceptable route forward.
About the Author:
Mary Claire McCarthy is an accredited full time mediator. Visit today for free mediation information http://www.mediationinsteadofcourt.ie/
She has extensive experience as a family lawyer (in Ireland and also qualified in UK & Wales) before becoming a full time mediator. She conducts several mediations per month and has a diploma in mediation as well as a law degree. She can travel to your local area to mediate. Please visit her website for information on a mediator http://www.mediationinsteadofcourt.ie Or phone 00353 8798 32 112. Email us: mediation@live.ie
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