Mediation helps you resolve legal matters more efficiently. It is often used in family law, but it can be appropriate for a variety of different legal matters. The process utilizes a neutral third-party, called the mediator, who works with both sides to try and resolve issues. The use of mediation has become increasingly common, either by choice or per the court’s orders. But despite the popularity of mediation, there is a lot misinformation out there regarding the practice, how it works, and whom it benefits.

Facts about Mediation

Mediation is voluntary, but it is sometimes required by the court. How can it still be voluntary if this is the case? It is the mediation attempt that is required, not the resolution. Some jurisdictions require couples to attempt mediation in their divorce before they directly involve the court in their divorce agreements, but if they are not able to settle matters on their own, litigating their divorce is still an option.

Lawyers are pro-mediation. Though it might seem as if it would benefit lawyers more to take a matter to court, many of them prefer resolving disputes in mediation. This is especially true for divorce lawyers. They know the process is expensive and difficult for a family, so they are more than happy to represent divorcing spouses during mediation instead of battling in the courtroom.

Mediation is more efficient. Mediation makes resolving legal matters more efficient, even if the process requires more hands-on work from those involved in the dispute. In the long-run, mediation is often worth the extra effort parties put into the process, especially since they retain so much control

Fiction about Mediation

Mediation means it will take longer to settle a legal dispute. The opposite is actually true. Mediation might not offer an immediate resolution, but it makes it possible to resolve legal disputes in a matter of weeks, as opposed to months or years. Keep in mind; the disputing parties are, in many ways, in control of how long the process takes. The more willing they are to work efficiently the more likely they can resolve the matter quickly.

Mediation puts a lawyer in control of the outcome, as opposed to a judge. Mediation actually puts you in control of the outcome. Disputing parties work together with guidance from the mediator to resolve the issues at hand. In the courtroom, the judge has final control over the outcome and parties have little to no say over what happens and they must abide by what the judge decrees. In mediation, disputing parties are free to walk away from the process if they are not happy with any of the potential resolutions.

Mediation is not right in every situation, but it is important to understand the process so you can make an informed decision. Understanding mediation also makes it easier for people to enter the process in good faith and open to negotiations when mediation has been required by the court. For more information or to schedule a consultation with Francis Carter to discuss how mediation can help you, contact her at 305-776-9143.

Francis Carter
www.flcarterpa.com/