Updated: Oct 3, 2018
Divorce is traumatic, and it can be difficult to imagine negotiating a settlement when you are too hurt or angry to speak to your spouse, but there are many good reasons to consider mediation as an alternative to litigation; a selection of them follow.
What happens in mediation stays in mediation. Divorce is stressful enough without having highly personal family information including finances and disagreements aired and scrutinised in a court room full of strangers. Mediation allows the parties to develop Financial Agreements, Parenting Plans, and Memorandum of Understanding (MOU) in private, and according to their interests and values.
Mediation is voluntary and is aimed at creating agreements that help parties restore their relationship to make future co-operation with each other possible. This is in stark contrast to litigation which is an adversarial process that frequently results in court orders that do not adequately reflect nor satisfy either parties’ needs and interests. Parties are more likely to honour agreements that they themselves have made than orders that have been forced on them and the ability to co-operate is fundamental to healthy co-parenting.
3. Cost Effective
Mediation saves time and money. Parties can decide how many mediation sessions they need and when they want to schedule them. Only one mediator needs to be appointed, and should the need for an expert arise, parties can agree to one neutral expert being appointed. Litigation is lengthy and expensive. Parties have no control over the court’s schedule and lawyers charge for time spent consulting, appearing in court, and time spent travelling to the court and waiting to be called. In litigation, parties often find that the assets they are fighting over are diminished by lost productivity and the costs of the process. This is in nobody’s best interest.
Mediation is empowering. In litigation, lawyers present evidence to a judge who is obliged to make a decision by applying legal principles to the facts with minimal direct input from the litigants themselves. In contrast, parties to mediation are empowered and active participants in the decision-making process that is driven by their interests, goals, and sense of fairness.
Mediation is flexible. Mediation allows for follow-ups after the divorce order has been granted. These follow-ups can include adjustments or revisions of any aspects that are not working for the parties and may take place quarterly, annually or as required by the parties.
Contact Mediation Mechanics for more information on family and divorce mediation. Our accredited mediators are trained and experienced in helping families to find win-win solutions to even the most complex issues.
Call us on +267 311 58 67 today for a FREE over the phone consultation.