There are two distinct paths for citizens when they engage in divorce proceedings.
There will be those who decide to lodge legal action if the pair cannot come to the table in good faith to decide their differences.
Then there are others who believe that family mediation sessions are worthy of the time and effort.
Legal representatives will support their client no matter which direction they venture, but they will usually advise in favour of mediation.
We will outline why that is the case.
Allows Participants to Take Control of the Process
Ultimately the essential benefit for men and women using family mediation sessions is that they take ownership of the process from beginning to end. They have the freedom to find creative solutions that suit both parties without the strict stipulations brought about by the courts. Opting for the court system will place the ruling in the hands of a judge, handing them control of a process that could be solved in a far more conciliatory fashion.
Reduces Stress & Pressure
The emotional and mental fatigue is a central consideration for those who are fortunate enough to have family mediation available to them through representatives. A courtroom is already a stressful space for those who do not have the experience operating with judges and adversarial lawyers. There is no room for error. Many participants can feel like there is a lack of support in these situations as well.
Unless the couple wishes to disclose to other family members or friends the details of the mediation process, then this is a closed and confidential environment. The terms of the agreement will only be known by the two parties, the independent mediation officer charged with overseeing the process and any solicitors who have been brought into the picture. It is a convenient method that ensures the details remain private and everyone is empowered to move on.
Cost Saving Measures
The only red tape and complication that is found with family mediation will be the type that the couple creates for themselves. If all terms and conditions can be agreed on day one, then the matter can be signed, sealed and delivered for a quick and efficient process. That faster outcome reduces the costs involved for filing the paperwork and hiring the expertise of legal representatives who can be on an hourly rate. Reducing the financial burden helps on a number of counts, especially for single parents who have their own pressures to deal with outside of the separation.
Although there will be key dates and times scheduled for family mediation sessions, they are not as strict as a court hearing appointment. This is a voluntary environment where individuals come to the table once they are ready, so there are less strings attached. If there is a desire to delay the process due to another commitment and both parties agree to the measure, then it can be organised.
Family mediation by design will reduce the animosity between the former couple because it requires an open and honest dialogue. Rather than engaging in passive-aggressive maneuvers through the court system, this is a space that encourages open discussion free of anger. That agency is beneficial on a number of counts, but couples who do move their separate ways would ideally prefer to remain on speaking terms without a lingering antipathy.
When compared to the alternative path that is available to citizens, family mediation is worthy of the time and effort. Individuals should consult with their representatives first to learn more about the process, but it is a method that delivers consistent results without the pressure or stress brought about by litigation.