Why we recommend mediation
At Thistoo, we believe mediation is the better solution to a lengthy and expensive court process. Mediation is the settlement of disputes through a neutral party or intermediary, who is not a judge, and does not require going to court - unlike litigation. It promotes mutually agreed upon decisions and is very common in uncontested divorces. In this article, we will discuss why to opt for mediation rather than litigation, as well as if mediation is suitable for your situation.
According to Mediate.com, the average mediated case cost $3000 and was settled in 90 days, while the average litigated case cost $15,000 and took 6 times longer to settle. Mediation also promotes problem solving, which leads to creative solutions to the issues between you and your partner about your divorce. Collaboration and brainstorming may even result in ideas that individual parties may not have thought of otherwise. As well, in comparison to a judge's binding decision, a mediator does not make any decisions and instead guides you and your partner to reach an agreement which satisfies you both. This means you and your partner are in control.
There are many compelling reasons to mediate:
Recognition and Understanding: During mediation, you hear the other party and the other party hears you in a non-confrontational setting, meaning you both have a chance to explain your thoughts and share your point of view. A neutral intermediary may also be more suited to give honest opinions and unbiased “reality checks”, and have these statements welcomed by the parties.
Speed: Avoid the delay of going to court and awaiting a decision from a judge or judicial third party.
Costs: Both parties save an enormous amount of time, energy, and legal expense compared to conflict resolution via litigation.
Confidentiality: If your divorce case goes to court, the lawsuits become matters of public record, whereas what is discussed and decided during mediation can be kept confidential by agreement.
Quality of Agreement: Studies indicate that parties entering into voluntary agreements through mediation are far more likely to be satisfied with and adhere to/fulfill commitments decided in this manner rather than from a judicially imposed decision.
Control Over Outcomes: Mediation strives for a “win-win” scenario. Any decision that is not agreed upon by both parties will not go forward. In court, both the "win-lose" and "lose-lose" outcomes can occur, with the "winner” often finding themselves winning at the cost of overall time, energy, and money, and the “loser” feeling even worse off. Mediation avoids this.
Mediation is a good start for parties looking to cooperate and make the divorce process flow smoothly without unnecessary legal fees.
When to mediate?
We have discussed some reasons as to why to mediate, but how will you know if mediation is a good option for you? Many people go to court because they are uncertain with how to proceed, but this process is lengthy and stressful which takes time and money away from your future.
At Thistoo, our mediators are trained to help assess whether mediation can be helpful and safe for you. Try it here:
You should consider mediation when:
There is an issue in dispute that cannot be ignored, such as child custody arrangements
The parties have some trust in each other, and are willing to meet in attempt to reach an agreement
Other options for conflict resolution are too expensive and/or too slow
The parties are interested in maintaining a relationship after the dispute ends
A creative solution may be required
The parties would prefer to settle the dispute in private
There is no fear of violence or abuse between any of the parties
A legal case would be genuinely frivolous or opportunistic
Both parties are acting in good faith
Our mediators act as neutral facilitators to create a cohesive environment for you and your partner to come to an agreement, without going to court. By defining issues and eliminating the roadblocks to communication, you and your partner have complete control over your agreement decision, without the wasted time and legal expenses.
Thistoo mediation services offer:
Saved time and legal expenses
A voluntary and non-confrontational environment to discuss
An agreement that satisfies you
Think mediation could be right for you?