Most people have heard about “going to court” and for many people in a dispute or disagreement their first reaction may be to “lawyer up” and prepare for battle. Fewer people have heard about mediation. This should not be a reason to be hesitant about it as an alternative dispute resolution process. Here we outline several benefits to resolving your issues through a mediation process as opposed to taking legal action.
Mediation processes are confidential. You can be assured that Experienced Mediators does not share the details of your negotiations with other services and parties are requested to sign into a contract that requires them to maintain the same strict confidentiality. You can be sure that the details of your agreement are not publicly published. The mediator does not keep notes on the discussion (except for your agreements) and notes are generally not open to subpoena by the courts so you can have open, honest and frank discussions without fear that the conversation will be used against you, if in the event you matter does go to court.
You are making the decisions
Mediation allows the parties to make the decisions that are right for their family, business or neighbourhood. You know the situation better than any judge, so you should make the decisions that work best for you. Taking your matter through a legal process means a judge makes a decision for you, you have little to no input into the outcome – the outcome could be one that adversely impacts you – having Experienced Mediators work with you and facilitate your negotiations allows discussion, option generation and outcomes that benefit everyone.
Legal processes can be extremely costly. Backwards and forwards party negotiations involving lawyers can mean costs rise quickly. If the matter proceeds to court you will need to ensure that you can pay the legal fees of a lawyer and court costs and if the matter drags on you can expect the costs to accumulate. In contrast mediation fees are lower and at quickly and in some instances take years to resolve. By choosing Experienced Mediators we charge on a stage by stage basis, no upfront fees to help you manage costs and reassess the situation as we move along.
Matters that go through a legal process are rarely dealt with quickly and in some instances take years to resolve. By choosing Experienced Mediators your matter can be resolved in less than 1-2 weeks if all parties are ready to take part.
Yes, some matters may not be suitable for mediation, but most are.
If you or someone you know needs help to navigate through the family mediation or would like more information, please contact Latoya Percival or Anna Oxford via our website www.xpmediators.com