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Mediation for Preservation

Posted By Judy Williams || 2-Jan-2014

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.

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