Mediation allows parties to stay in control of the outcome, unlike a court ruling. Setting aside a day for mediation focuses minds and encourages open dialogue without the pressure of a judge’s decision. Unlike litigation, which can be adversarial and time-consuming, mediation fosters a more collaborative environment where parties can explore solutions that work for everyone. It helps prevent deepening resentment that often arises in courtroom battles and allows participants to take ownership of their solution. Even when mediation does not result in a final agreement, it can refine the number of issues in dispute and create a foundation for future resolution.
Mediation is voluntary and confidential, giving participants the power to create solutions that are tailor-made for their life situation.
Compared with the rigours and delays of the court system, mediation is often more affordable and solutions can be arrived at much quicker than if the parties go to trial.
When parties arrive at their own settlement, there is a chance that relationships can be
maintained and a solid basis for future cooperation can be laid down. This is especially the case when the parties have children and they will be in a coparenting relationship for a long time after the dispute is resolved.
By fostering open communication, mediation encourages problem-solving and allows both sides to find a mutually acceptable outcome without the rigidity of a courtroom battle. The mediation process follows a series of steps designed to create a fair and balanced discussion where all parties are heard.
The mediator establishes ground rules and ensures that both parties agree to engage in good faith. Before the session, participants exchange relevant documents and proposals to set the foundation for productive discussions.
Each party presents their point of view without interruption. This step allows everyone to express their concerns and objectives while the mediator facilitates respectful dialogue.
The mediator helps identify common ground, encourages creative problem-solving, and guides negotiations to explore possible compromises.
If a resolution is found, the mediator helps formalize the agreement, ensuring both parties are clear on the next steps. Even if a full agreement isn't reached, mediation often narrows the issues, making future resolution easier.
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Dermot has been a Family Law Mediator since 2016.
He believes that mediation is a great tool to help spouses to move on with their lives without it costing them excessive stress, money, and time.
Dermot recognizes that peace of mind is invaluable. Parties who arrive at their own solution to their Family Law issue can take ownership of their problem and of the solution.