As a society we have become accustomed to instant gratification and we expect similar results from the courts once the case is filed. Nothing could be further from the truth. Depending on the complexity of the issues being litigated, the availability of the courts to hear the case, conflicts that may arise from having to lose time at work and a myriad of other issues, the process could take many months if not years to be complete. By the time that the case is actually tried, the circumstances of the parties have often changed significantly and, in some instances, the issues have also changed.
Mediation offers significant advantages to traditional litigation by the financial savings and the ability to determine the terms of the outcome for the conflict. Being able to fashion the terms of your agreement rather than having a judge do so is as important to many as the financial savings of not having to litigate. The mediated settlement agreement will play a significant part in your life. It only makes sense for the parties to work out terms that will be beneficial in some ways to both of them and all involved.
Although mediation may curtail some of the expenses associated with litigation it is always advised to have a licensed and State Bar approved attorney review any documents prior to signature.
Here are some of the benefits that mediation can provide:
- Having input and control in determining the outcome of the dispute
- Greater flexibility in resolving the conflicts and issues
- Greater probability of both sides complying with the terms of a mediated settlement than a court order that is forced on them
- Bringing immediate closure to a chapter of your life that has ended
- Beginning the process of emotional healing
- Not having to miss time from work, and loss of income, to attend attorney conferences, depositions, court hearings, the trial, etc.
- Avoiding the frustration and aggravation associated with the time consuming nature of the litigation process
- Eliminating the guesswork of determining the outcome of a trial
- Bringing peace into your life
- Achieving a working relationship on terms that work for all parties
- Minimizing the fight throughout the litigation process
- Eliminating the "tug of war" over the children