'A mind that is stretched by a new experience can never go back to its old dimensions' - Oliver Wendell Holmes, Jr.

Mediation vs Litigation

by Positive Solutions 1. December 2011 22:44

You are probably familiar with litigation and its ramifications. One party hires an attorney and files an application to the court requiring the other party to also hire an attorney and defend their position.  The parties are now involved in a lengthy battle that can be extremely expensive, emotionally draining and unpredictable. With litigation, until a judge decides who is right and who is wrong, you are never certain of the outcome.

Mediation involves a neutral third party who does not judge the case but helps facilitate a discussion and eventual resolution of the dispute.  The parties are brought together in a neutral environment where they can freely and confidentially present their position in front of a neutral third party who will attempt to limit the issues and put them in perspective. Participants often feel much better after having an opportunity of being heard, and also benefit from hearing the other party's point of view.

Mediation is relatively quick and inexpensive when compared to actually litigating a dispute. The parties would have to agree on who will conduct the mediation and how the mediator will be paid, which is generally shared equally by each party.

Since mediators will not give legal advice nor represent any of the parties involved, participants should contact an attorney who can advise them of their rights and obligations, throughout the mediation process.

In conclusion, mediation is an alternative to litigation and a way of resolving differences rather than relying on a judge to make the decisions that will ultimately have a profound effect on the family.

 

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Welcome to Positive Solutions Family Mediation

by Positive Solutions 1. November 2011 14:34

Welcome to Positive Solutions Family Mediation. I am pleased to announce the launch of my blog and new web site!

Mediation is a journey I have chosen to embark on due to my own personal experience. I have had the opportunity of experiencing mediation, litigation and divorce and now I have an opportunity to connect with others who are experiencing a similar process. It is a privilege to lead them to a more satisfying outcome than they may have anticipated.

I will be adding information and links regularly, including:

  • answers to questions about the mediation process,
  • mediation vs. litigation,
  • how to invite your former partner to mediation,
  • the effects of divorce on children,
  • the stages of divorce
  • and more.

Please explore my website. It links to and includes resource information including books for adults and children, legal representation, financial advisors, counsellors and more.

I hope you will enjoy this journey with me!

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About the author

Bev is dedicated to helping families negotiate the complexities of divorce as cost-effectively, quickly and fairly as possible.

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