Do our children have a better idea?
Common things we hear about not choosing mediation.
With another perspective
but I know i am right!
Life coach Audrey Marlene suggests, "The underlying cause of the need to be right is fear. This is an deep-seated fear of being wrong and losing credibility or control. When someone disagrees, this individual feels threatened and goes on the defensive, trying desperately to maintain control so they can feel comfortably safe again."
Q: that's not legal!? Is it?
The law is complex. Lots of things you might not know. For instance,
Did you know that before March 2015 it was illegal to have more than 3 cats in one home in Los Angeles?
Fact?: I have no doubt i will win (click for secret answer)
In our experience, everyone who lost at trial regrets not trying mediation first.
I don't like/trust my opponent!
You don't have to trust the other side for mediation to work. Once an agreement is reached between the parties and is reduced to writing, it is binding and enforceable. But often the mediation process creates an environment whereby the parties do develop a trust for each other.
10 good reasons
1. Not every civil case needs to wind up in court.
Often, the best solution for all parties is to come up with their own solution.
However, this can be difficult to accomplish without help. Many lawsuits, whether they are family law or civil litigation matters, are about more than money. People bring their own set of beliefs and principles to the table.
Coming to an agreement when these beliefs are in play can be very difficult to navigate.
2. Attorney fees are expensive
Often, the best solution for all parties is to come up with their own solution. However, this can be difficult to accomplish without help.
Many lawsuits, whether they are family law or civil litigation matters, are about more than money. People bring their own set of beliefs and principles to the table. Coming to an agreement when these beliefs are in play can be very difficult to navigate.
3. Attorney fees are not the only cost of litigation.
Just to file a case in Superior Court costs more than $400, per party.
So, even before the attorney fees invoices start appearing, everyone has “anted up” for the privilege of allowing a Judge to make a decision that, possibly, neither party wants.
4. Some cases require experts to prove a case.
In the family law arena, experts include psychologists, child custody evaluators and vocational evaluators, each at their own hourly rate. It is not uncommon for a child custody evaluation to cost $15,000or more, plus the evaluator’s hourly rate to appear in court to testify.
Experts in both family law and civil cases can include forensic accountants, appraisers and other professionals who, should a matter come to trial, will be absolutely essential for a party to successfully plead her/his case to the Judge or jury, with each professional billing at his/her hourly rate.
5. Taking a "hard line," is hardly worth it.
When people have unlimited money and aren’t reluctant to spend it, they can afford to take “my way or the highway” positions. However, most people do not have such unlimited resources. For most of us, even if one “wins” in court, that win can, and often does, represent a net loss because of costs of litigation.
6.The other cost? Loss of control
When one files a lawsuit in any legal arena, that person is saying, “I want someone to make a decision for me.” That may seem comforting, because someone else is going to do the hard work of figuring it all out.
However, no matter how strong one believes his/her case is, the Judge’s decision can be against her/him. It stands to reason that at least half of people who go to litigation thinking that they have a “slam-dunk” case will be shocked and disappointed at the outcome.
7. Litigation also costs time. A lot of time.
Our courts are crowded. No matter how important we may think our own case is, we have to wait in line. It is the rare civil court case that is resolved in less than a year, and the extremely rare family law matter that is resolved within two years. Parties who mediate make the own schedule.
It is not uncommon for mediated matters to be resolved within a few weeks.
8. Your privacy matters. Mediation is confidential.
Settlement discussions during mediation are confidential cannot be disclosed in court.
This allows the parties to talk freely to each other and with the mediator.
This can often facilitate creative solutions.
9. Get back to your life faster with less stress in less time.
For people who are able to sit together with the other party and a mediator, mediation can be a tremendous money-saver with equally large benefits. The results are yours; not handed down by a judge or jury.
10. The best reason?
Our initial consultation about your case is FREE.
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What do meditation and mediation have in common?
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