For some people, mediation may seem like quitting; a compromise of self
and property as a result of the inability to take a firm stance or fight
for personal justice. While there are certainly legal situations that
are so obfuscated that they require litigation to resolve, mediation remains
the safer, faster and economical alternative in most situations. Mediation
tends to provide both parties with a better understanding with of the
issues at hand and the repercussions of legally binding agreements made-
and this is not with divorce cases alone. Last summer, mediation successfully
contributed to the then Mayor of San Diego, Bob Filner, and the city reaching
an agreement which resolved Filner’s sexual harassment accusations
by having him resign so long as the city paid for the legal fees associated
with the settlement. This process took only three days and avoided potentially
costly litigation, workplace tension and a score of other issues.
In a business sense, mediation has practical application since it allows
companies to preserve positive relationships with clients and communities
while minimizing time and money spent. In a poll from 2007, “62
percent of the business owners and managers said they make business decisions
to avoid lawsuits” rather than contest through litigation. Aside
from money spent on legal fees, the National Center for State Courts notes
that “the average time from filing to resolution of litigation was
25 months.” Mediation can be handled within days, “reduces
the use of public and private resources, promotes sustainable decisions
and agreements and promotes the greater good by helping people work through
conflict situations more quickly [and] constructively” as stated
by divorce mediators Kathryn Lazar and Jody Miller.
Mediation is a strong option for divorce as it allows couples to reduce
divorce costs while finding solutions for both parties that are sustainable.
Final mediation agreements are binding and enforceable once they are filed
with a court as a legal separation or divorce.
If you are seeking to end your marriage in a manner that is less stressful
economically and emotionally for you and your loved ones, mediation is
the best choice.