Mediation Is A Perfect Opportunity to Move Things Much More Quickly

Mediation takes place when a situation, such as a divorce, is looked at by both parties and their attorneys, with the help of a person trained as a mediator. A mediator will not tell either party what decisions to make but instead will encourage compromise as a way to make decisions. The idea is to find ways to compromise the issues that need to be settled, such as distribution of assets and liabilities, alimony, and shared parenting (in most states instead of sole custody), and come to a mutual agreement on their resolution. In the case of a divorce, a marital settlement will be drawn up by the party's attorneys working together. It will need to be signed by both parties, witnessed, and notarised. Often a mediation will not work, and the case will continue to court, where a judge will decide the outcome of the case in question.

When looked at in totality is can be seen that there are a number of advantages to reaching a conclusion during the mediation process. One of these advantages is that solving the case during mediation will be a perfect opportunity to move things more quickly. The reason for this is that most courts are backed up for several months,and there can therefore be a long wait to have a case heard before a judge. In some instances, it can take over six months to get into a courtroom, and then sometimes, one party or the other will ask for a continuance, thereby adding many more months to the conclusion of a case.

Time is often worth money, and in the case of a court case, this is very true. The longer a case is being dragged out, the higher the attorney costs and often a party's costs as issues in a divorce such as the division of marital assets and debts will stay unresolved. It is also true that the added benefit of parties being able to make their own decisions regarding their futures instead of having a judge do so helps them move ahead with life. And many people don't realise the mediation procedure is private for only the parties and their attorneys. In contrast, courtroom hearings are recorded, transcribed, and available at the courthouse (for a cost) to anyone wanting to read them.

It would seem that most people would want to take advantage of mediation, but by nature, many people are stubborn and want their own way, increased costs or not. Unfortunately, most people who decide to proceed to court find the judge will make decisions based solely on the law, and often parties receive less than they would have if they had worked things out during mediation.