Strategic-Reasons-Clients-Use-Mediation-Sessions

Strategic Reasons Clients Use Mediation Sessions

There are many reasons why adults will see mediation sessions as the best means of resolving their separation. Instead of fighting through the courts, there are strategic advantages for utilising this particular avenue. 

Minimising Tension With the Process & Relationship 

Adults who want to proceed with mediation sessions will see that it is the best means of remaining on quality speaking terms and to cut out the anger, tension and animosity that often occurs with the court system. When a divorce or legal separation takes place in those environments, they become adversarial by their very nature. While that is understood with just the two individuals involved, it becomes complex and painful if children are caught in between the matter. 

Independent Oversight 

Mediation sessions are run by professional mediators. Their role is designed to facilitate talks and to ensure that an agreement is reached, so long as both parties sign the document in good faith. Unless they have been given permission to do so, there is no need for the involvement of lawyers or third parties to have a seat at the table, even though they can be consulted with in the leadup to the program. If there is a need for guidance around the process, they will be happy to help, but will stop short of providing favour for one side over the other. 

Flexible Agreement Terms Open 

Many people will have heard horror stories about divorce and how messy and complicated the process can be, not only for their state of mind but for the sheer logistics. There is truth to this perception, yet the use of mediation sessions helps constituents to draft up their own terms. Nothing is imposed from the outside and assists members to draft their own document that includes child custody and visitation to business interests, real estate disputes or property ownership, access to accounts and assets. 

Controlling the Outcome 

A key advantage that clients find by working a separation agreement through this particular avenue with the aid of a professional mediator is that they take charge of the outcome. There is no judge or third party that sets an imposition on their terms. In those scenarios, there can be a high degree of anger, regret and depression when citizens feel powerless about the final result. Here is a chance to take back control and ensure that no one outside of the relationship has a stake. 

Cutting Down Cost 

The price of attending court can be an overlooked disadvantage. With the need to cover the time of all officials involved, it is another financial pressure to add into the mix. The reason why mediation sessions turn into a strategic positive will be to minimise those rates and to reduce the chance of incurring more financial pressure when it could be avoided. 

Quicker Results Generated 

The vast majority of cases that involve mediation sessions are resolved in fast time, especially when compared to court hearings. Once the program has been scheduled and both sides are at the table, it can be signed and sealed in a matter of days, or even hours if both sides are happy to expedite the process. This is in stark contrast to court where a final outcome may not be reached for months on end. 

Freedom to Walk Away & Explore Other Avenues 

Among the many strategic reasons why mediation sessions are used, they are not mandatory or binding until such a time as a legal document is signed. Up until that stanza, participants have the opportunity to walk away from the negotiating table if they believe the other side is not acting in good faith, or their interests are better served contesting the separation through the courts. This encourages most people to at least attempt the program in the hope of finding a resolution out of court.

Family Law

Family law encompasses a broad range of legal topics involving marriage and children.

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