Copyright © PAX Accredited Mediators 2015
WHAT IS MEDIATION?
While the court system is the way disputes have traditionally been decided, there are now new and very different ways of resolving conflict. Ways that
are empowering and give more control over the outcome to the parties themselves.
Mediation is a voluntary and confidential process in which a mediator facilitates negotiations between the parties and helps them reach agreements
and resolutions for their dispute. Mediation builds on the positive to find common ground.
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Divorce mediation guides a couple through the complex process of separation and divorce and helps them make decisions regarding the
division of their assets, care & contact arrangements for their children and maintenance. A Parenting Plan can also be mediated, offering a
framework for parents to help them co-parent as effectively as possible and stay close to their children after divorce.
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Family Mediation assists in finding solutions to issues that might arise within a family unit after divorce as this is often a very challenging time
due to changing family dynamics. Often these disputes are of a financial nature.
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Workplace mediation attempts to manage the many conflicts that can erupt between employees in the workplace.
All kinds of disputes can benefit from mediation and will result in improved communication and better cooperation between the parties.
BENEFITS OF MEDIATION
IT COSTS LESS
Mediation costs considerable less than litigation and the costs can be shared and budgeted for. If parties were to appoint attorneys to
represent them, they would be required to each pay a substantial retainer just to get the process started! It could end up costing a small
fortune in legal fees.
IT TAKES LESS TIME
In a comfortable and constructive manner issues get resolved in a fraction of the time. No drawn out litigation, no expensive delays.
EASIER ON YOU
Using a mediator to help you communicate and find solutions makes it easier to move forward and accept the past, rather than turning
hurt and anger into an expensive court battle. This will result in less confrontation and less bitterness.
YOU ARE IN CONTROL
The mediator controls the process ,but you control the outcome and therefore the agreements reached in mediation typically work better
than decisions made by attorneys or the courts. With the guidance of the mediator you will design agreements that work for all the parties.
EASIER ON THE CHILDREN
The worst aspect of a divorce for children is the conflict between parents, which often continues years after the divorce. A better
relationship between divorcing parents will ensure the children experience less trauma. You can even design your own parenting plan,
which you can modify as your children get older without returning to court. The two of you will determine what is in the best interest of
your children.
IT’S CONFIDENTIAL
In mediation all discussions and agreements are confidential and without prejudice, meaning that what happens in the mediation room
stays in the mediation room. This makes it safe to be creative, which may lead to innovative suggestions and solutions neither party had
previously considered.
IT BUILDS ON THE POSITIVE
The parties are encouraged to recognize the positive in each other and to find common ground. When there will be future contact between
the parties such as in parenting or in the workplace, any remaining goodwill should be preserved. Mediation creates a win-win situation for
all concerned and helps you negotiate a fairer settlement.
YOU CAN STILL GO TO COURT
You do not give up your right to go to court. At any time you can appoint separate attorneys and have the judge decide the issues.
A MEDIATED AGREEMENT CAN BE BINDING
It may be made an order of the court. You are therefore encouraged to consult with an attorney before signing.
YOU WILL RETAIN YOUR DIGNITY
Mediation will empower you to make the best of a bad situation.
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