Mediation for Lawyers
It is common knowledge that mediation is used amongst mediators and individuals seeking divorce among many other services. However, there are numerous benefits of mediation for lawyers and judges to consider as well.
- Greater satisfaction. Those who choose mediation over litigation in court have reported greater satisfaction with the outcome, even many years later.
- Neutralizing positioning prior to litigation. Litigants often have a habit of creating more polarized positions, as the intensity of emotions in domestic disputes runs high. After litigation and hearings, it is common for the polarization to worsen.
- Self-constructed and flexible solutions. Mediated solutions are more flexible than those brought about by adjudication as they are crafted by the individual parties themselves and not necessarily dependent upon the law.
- Finds a common ground. Mediation allows the parties involved to avoid the “winner-loser syndrome,” which is an important consideration when an ongoing relationship might be desirable.
- Individual attention. Mediation is dominated by what the parties want to talk about, not what the judge wants to hear or discuss. While mediation is not therapy, it certainly is a therapeutic experience.
- Conflict resolution. People seem to learn how to better handle conflicts that might arise in the future. The disputants have a stronger commitment to the result because mediation involves a sense of participation.
- Better parenting and involvement in children’s lives. Research has shown that parents who choose mediation remain more involved in their children’s lives post-divorce or separation. Generally speaking, the other co-parent tends to deem them a better overall parent.
- Low cost. Mediation is a viable option for litigants who can no longer fund litigation. Mediation typically costs less than court action.
- Remove conflict from court. According to Dr. Robert Emery, mediation results in less re-litigation post-decree. Ex-spouses who have gone through the mediation process were shown in one research study to be two times more likely to have stayed out of court two years after their final decree was issued.
- Privacy. Mediation is a private pathway to a private resolution. Details about individual lives are kept within the mediation process–not revealed in a public court room or public documents.
- Reduction of stress. Mediation often helps reduce the stress of the divorce process, easing the negative impact on the entire family.