Why choose mediation?
CONTROL, TIME AND COST ARE THE BASIC DIFFERENCES BETWEEN MEDIATION AND LITIGATION.
Mediation often takes less time at less cost, and you are in control of the decision making.
MEDIATION
LITIGATION
HOURLY RATE (avg. less than $5,000)
RETAINER PLUS HOURLY RATE (thousands of dollars)
Short duration
Can continue for years
Outcome is in your control
Court controls your outcome
You speak for yourself
Advocate speaks for you
Scheduled at your convenience
Scheduled by the Court
Less stress
More stress
Preserves a sense of amicability and cooperation
Increases the tension of the parties and creates a hostile atmosphere
Creativity and flexibility with regard to issues
Lack of available Court time and legal protocols limit the imaginative approached developed in mediation.
Agreements are ones that the parties agree to and generally can comply with
Decisions are forced upon parties eliminating the ability to consider each party’s specific needs and leading to one party being unable to meet the Court’s requirements.
Confidential, private and parties can state their feelings without fear of the Courts
Parties are unable to express their opinions in a open give and take atmosphere.
Shows your children you are intent on preserving the family relationship and protects them from third parties and others who do not know the children, their emotions and personalities.
Creates an atmosphere of tension and puts the children in the middle of circumstances they can not control. Often times children are forced to speak with and divulge their deepest thoughts to third parties they barely know.
Mediation offers more long term stability for your children.
Photo credit: smile by wewiorka_wagner, on Flickr
