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Why choose Mediation over Litigation?



Family law mediation is often considered better than litigation for several reasons:


Cost Effective


  • Lower Costs: Mediation generally costs significantly less than litigation because it involves fewer legal fees, court costs, and other related expenses.

  • Time Saving: Mediation is typically faster than the litigation process, which can drag on for months or even years.

Control and Flexibility:


  • Personal Control: In mediation, the parties have more control over the outcome as they work together to reach a mutually acceptable agreement, rather than having a decision imposed by a judge.

  • Flexible Solutions: Mediation allows for creative and customised solutions tailored to the specific needs of the family, which might not be possible in a court ruling.

Confidentiality:


  • Private Process: Mediation is a confidential process, meaning the discussions and agreements are not part of the public record. This can help protect the privacy of the parties involved.

  • Open Communication: The confidentiality of mediation encourages open and honest communication between parties, which can lead to better outcomes.

Preservation of Relationships:


  • Amicable Environment: Mediation fosters a more collaborative and less adversarial environment, which can help maintain or even improve relationships, especially important when children are involved.

  • Reduced Conflict: By promoting cooperation and communication, mediation often reduces the emotional strain and conflict associated with litigation.

Focus on Best Interests:


  • Child-Centred: Mediation tends to focus more on the best interests of the children, providing a less contentious atmosphere that can be beneficial for their well-being.

  • Holistic Approach: Mediators can address various aspects of family dynamics, not just legal issues, ensuring a more comprehensive resolution.

Empowerment and Satisfaction:


  • Empowerment: Parties are more empowered in mediation as they play an active role in crafting the agreement, which can lead to greater satisfaction with the outcome.

  • Higher Compliance: Agreements reached through mediation often have higher compliance rates since both parties have contributed to and agreed upon the terms.

Reduced Stress:


  • Less Formal: The mediation process is typically less formal and intimidating than court proceedings, reducing the stress and anxiety often associated with litigation.

  • Supportive Environment: Mediators are trained to facilitate discussions in a supportive manner, helping parties to feel heard and understood.


Overall, family law mediation offers a more amicable, cost-effective, and flexible approach to resolving disputes compared to the often adversarial and costly process of litigation.

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