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Mediation and litigation are two forms of dispute resolution that can be utilized by both parties when they can’t reach an agreement on their issues. With litigation, one or both of the parties brings a lawsuit to court to try and resolve their disagreements. A judge then decides the outcome of the dispute. This process is binding on both parties.
Why Choose Mediation?
Unlike litigation, mediation involves the parties deciding to remain involved in the process. This type of mediation is conducted by a neutral third party. The mediator helps the parties see the various arguments presented by both parties.
After the parties have presented their various arguments, the mediator then comes up with a set of suggestions that can help both parties settle. This type of mediation is confidential, and if negotiations fail, the discussion can’t be used in litigation.
If you and the other party involved would rather stay out of court, then family lawyers in Belconnen can help guide you through the process and come up with the best possible outcome. Keep reading to learn about 9 advantages of mediation.
1. More Affordable Than Litigation
If money is an issue, going to mediation costs less than litigation. Apart from being more expensive, litigation can also eat a huge chunk of your savings. With court fees and attorney fees adding up, many people choose to settle their disputes through mediation instead.
2. You Have More Control
During litigation, a judge will often hear both sides of the case. They will then decide on the issues based on the fairness of the situation. This type of decision can be very subjective and can lead to conflicting outcomes. Through mediation, the parties can discuss their issues and come up with a set of suggestions that can help both parties settle. The mediator is there to help facilitate the discussion.
3. It’s Non-Binding
Unlike litigation, mediation involves the parties coming up with a set of suggestions that can help both parties reach a settlement. Although these decisions are not binding, they can still lead to a settlement. Keep in mind that if any of the parties cross the lines set forth before the mediation begins, the case may have to go to litigation to be solved.
4. Get a Resolution Quicker
The courts are often backlogged due to the number of cases that are currently before them. Setting a court date can prevent you from seeing a resolution anytime soon. In addition to spending a lot of time waiting for a court appearance, setting a court date can also lead to emotional issues.
The courts are prone to backlog due to the number of cases being postponed and rescheduled. This can create an expensive and bureaucratic mess. Getting the resolution resolved through mediation can be quicker than going to court.
5. Obtain a Better Outcome
Unlike litigation, both parties involved in mediation feel that they have contributed to the discussion. This type of decision-making process allows both parties to follow the results of the discussion. There is no winner or loser during mediation, as both parties must agree on the outcome.
6. It’s Fair and Neutral
Unlike litigation, mediation does not involve the parties making a decision based on guilt or innocence. Instead, it gives both parties an equal say in the process.
7. It Improves Communication
Through mediation, both parties can discuss their concerns and ideas about the underlying issues. This type of confidential setting allows both parties to improve their communication.
8. Everything is Confidential
Unlike litigation, which is usually conducted in a public setting, mediation is completely confidential to both parties. If a settlement is reached through mediation, it is not disclosed to anyone unless specifically agreed upon. All parties attending the mediation are required to sign confidentiality agreements. Anything discussed or disclosed during mediation is not revealed to anyone by the mediator.
9. Relationships Can Be Saved
Getting through a family dispute is already a difficult situation, especially when it involves going through a court battle. Going through a legal process can put added strain on the relationship between the parties. Through mediation, both parties can focus on finding a solution that works for everyone involved.
Mediation has a lot of benefits for those going through a legal battle to consider. The time, money, and stress saved from not going to court can be a huge relief.