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Why Mediate?
Mediation preserves relationships between parties which often become strained or destroyed by the adversarial nature of litigation.
It provides and opens the scope for solutions to a dispute, which are beyond the scope and powers of judicial officers.
It is confidential – without prejudice and parties can feel free to disclose any information without the fear that it could be used against them a later stage. It saves time and therefore saves money. The cost of mediation is shared between the parties whereas with litigation each party carries the cost of their attorneys.
Litigation best described by Dr. De Jong … The outcome of litigation is unpredictable at best, placing your fate in the hands of persons less familiar with your problems than you are.
Litigation is time-consuming and in turn extremely expensive. Once initiated, litigation acquires a destiny of its own. The likely result is that you lose control of the cost of the solution.
Litigation destroys relationships. The system is described as a warfare model and in the adversarial system of litigation the parties are pitted against one another. It is competitive and destructive, it’s about strategies and a “winner-takes-all” approach is adopted. It is often found that the best interests of the children fall by the wayside in the adversarial system of litigation.
At a time when families are going through the worst time in their lives, the legal system tends to make it far worse. Bitterness and unresolved emotions infused by litigation pushes parents apart and makes co-parenting post-divorce strenuous and challenging.
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