Law Offices of Audra Bennett

Mediation -- An Alternative to the Court Process

What is mediation?

In this process the parties talk through the issues and agree on an outcome. They are assisted by a mediator (neutral facilitator), who is specially trained to help people work out their own solutions to their problems. The rules in mediation are the same as in court: no yelling, no screaming, no sarcasm, no name-calling. Often couples who feel they cannot communicate in any circumstances are surprised to find that they can in fact deal with each other with the assistance of a mediator.

Granted, mediation is not for everyone. If there is a significant imbalance of power between the parties, then mediation might not be the right forum through which to attempt to resolve outstanding issues. This ‘imbalance’ might arise if there has been considerable abuse, either psychological/emotional or physical, during the course of the relationship. As well, mediation might not be appropriate if one or both parties have serious substance and/or alcohol problems, or mental health issues.

Advantages of mediation

• Financial Cost

Going to court can be financially draining. Lawyers are expensive. Mediation can often prove to be a significantly less expensive option---the parties usually share in the cost of a mediator, as opposed to paying for their individual lawyers. We offer mediation services at reasonable rates for those who wish to deal with the issues that arise upon separation in a cooperative and civil manner and avoid the uncertainty and stress of the court process.

• Emotional Cost

Court can be emotionally draining as it is adversarial by nature. Many times, court becomes about winning and not about the true issues, including your children.

• More Power to the Parties

When people go to court, they rely on a third party (a judge) to make decisions for their family. A judge knows very little about your family and their needs. The mediation process allows the parties to negotiate and, hopefully, come up with mutually acceptable solutions. In the mediation process, both concerned parties get to make their own decisions regarding their families--decisions that they have to live with for many years to come. Through mediation, families are likely be more satisfied with the solution(s) and the results.

• Time and Expense

Mediation is an option that should at least be considered. Mediation can be quicker, less painful, and less expensive.