When To Mediate And When Not To Mediate?
The process of mediation is very versatile and you can opt for this procedure for a variety of situations. Yeah, it’s true that most of the disputes can be mediated and for all family issues mediation can help.
If the parties are not ready to enter into an expensive or lengthy litigation and there are matters which are needed to be resolved, then with the advice of an unbiased and experienced professional an agreement can be reached.
Although there are no fixed rules for defining when you can go for mediation and when you can’t, it is possible to know this without trying. You can consider the following options when you are going for mediation.
- Is the negotiation possible in your dispute?
- Will the concerned parties be ready for the face-to-face meeting to settle upon an agreement?
- Is it possible that any party can get away without resolving the issue?
Mediation is a very attractive option if the parties want to have a private solution through an informal but flexible process. If both the concerned parties are interested in maintaining their relationship after the mediation, then mediation can be a good option.
Especially in the cases of divorce or separation, this thing plays an important role, as the children are involved and none of the parents would want their children to be affected by the separation process.
Also, if the parties trust each other, then it becomes easy to mediate, although this factor is not a prerequisite. Disputes which are related to tangible issues like property, money, licenses, behaviour, etc. are generally easier to mediate as compared to the issues in which personal values and beliefs are involved.
When you don’t need to mediate? The cases in which you don’t require mediation are as follows:
- A party is acting in bad faith, such as just want to use the process to delay or just to avoid the disclosure of any relevant information
- You are afraid that there will be violence between you and the other party and the mediation would not be a safe process to go for. If the separation or the divorce process includes any type of domestic violence, then mediate is not appropriate.
So, you must attend the mediation only if you are ready to negotiate. If the case is reverse with you, then the court proceedings can be a good option.
For more information regarding mediation, you can visit us at http://www.fixedpricedivorceservice.co.uk/