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The Advantages of Mediation in Resolving Family Disputes

The Advantages of Mediation in Resolving Family Disputes
Author: richsmukler

Mediation is a form of alternative dispute resolution that takes feuding parties and aligns their interests to ultimately achieve an amicable settlement. For decades, Rich Smukler Mediation has helped guide parties through the process of mediation and yielded successful results time after time. 

Some of the benefits of mediation that make it worth considering to resolve your family dispute include:

Better Communication 

Mediation is guided by a trained mediator who has additional education and skill in enhanced communication and conflict resolution. He or she facilitates a conversation between the parties and models positive communication. This approach often helps the parties to gain a better understanding of the other party’s position and aids in the overall communication between them.

Confidentiality

Unlike litigation, which is a public process that occurs in a courtroom open to the public, mediation is conducted in a private setting. The parties also sign a confidentiality agreement, agreeing not to repeat anything they said during the process. This factor also helps the parties communicate more honestly and openly since they know that what they say cannot be used against them in court. 

Speed

Litigated cases often take a long time to complete. Multiple court hearings may be scheduled, along with months of delays when discovery is conducted. In contrast, mediation can be scheduled at the convenience of the parties. It may also be scheduled via videoconferencing software, so problems can be resolved much more efficiently in this manner.

Cost Savings

When families involve litigation, there is often a hefty price tag associated with it. Lawyers can cost a lot of money. Many divorce cases wind up handing over a majority of the marital estate that the parties were arguing about to their lawyers. 

Mediation can help the parties save money. The costs of mediation can be split between them and can often help prevent the parties from engaging in expensive litigation at all or to reach a decision to end the litigation. Mediation can also help prevent future problems and avoid the expensive appeals process since the parties reach their own decisions.

Flexibility

Mediation can be used to resolve all of the issues affecting the family, or the parties can set the agenda to focus on only a few narrow issues. This gives them greater flexibility with their case and allows them to spend their time on issues that matter to them. 

Additionally, mediation sessions can be scheduled at a convenient time and location for the parties, which helps when the parties are busy parents and professionals. 

Greater Control of the Outcome 

Mediation allows the parties to have greater control over the outcome of the case. They do not sign off on any agreement unless they agree to it. In litigation, the decision is ultimately made by a judge who does not know the parties or their unique family circumstances. 

Customized Solutions

One of the most important advantages of mediation is the ability to tailor solutions to meet the needs of the families. Families who participate in mediation are often much more satisfied with the outcomes than those who litigate their case. They can consider their own unique needs, schedules, and values to craft solutions that work specifically for their family. They can also avoid the generic decisions that courts may impose.

If you would like to learn more about the family mediation process and what benefits it can provide to your family, contact Rich Smukler Mediation at (561) 866-1688.

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