The Advantages of Mediation vs Court

The Advantages Of Mediation Vs Court (Adversarial Litigation)

“While mediation provides the chance for parents to repair their relationship sufficiently to be able to co-parent more positively in future, litigation in a real sense teaches couples to argue and to litigate, sometimes rather too well.”

Mediation has a number of advantages over litigation and arbitration processes:

Successful – over 70 per cent of cases referred to Pam Hatfield Associates Ltd settle.

Quick – mediations are arranged within a few weeks (and can be arranged even more quickly) and the formal mediation session usually lasts for one or two days.

Cost effective – compared with litigation and arbitration processes, mediation is a less expensive route to resolving disputes.

Gives parties control over the process and the outcome.

Mediation can run alongside litigation or arbitration or you may prefer to put the litigation or arbitration process ‘on hold’ while you mediate.

Mediation can maintain business relationships far more effectively than adversarial processes.

A wide variety of settlement options can be achieved in mediation over and above monetary settlements.

Informal and flexible – the process to suit clients’ needs.

When is a family mediation settlement binding?

Most family mediation settlements are binding when a Memorandum of Understanding is drafted by the mediator and agreed by the parties. In practice and most issued cases end with a Consent Order being drafted and signed by the parties. The signed agreement is binding and enforceable.