Is Mediation the Best Option to Solve Your Family Dispute?

Traditionally family disputes that cannot be resolved by the family members have gone to Court and a Judge makes a decision. Today, an alternative to court exists: Mediation.

As a reminder, mediation is a process in which a neutral person, the mediator, facilitates communication between the disputants to assist them in reaching a mutually acceptable agreement. If you are involved in a family dispute and are still unsure on whether or not you should try to mediate the issue or go to court directly, here are a few things you might want to consider in order to make an informed decision:

Timeline and Expenses

A mediation can usually be arranged and conducted within a few weeks. Cases that go to court usually take 2 to 3 years to reach final resolution. The costs of mediation are usually significantly less than court costs and attorney fees associated with a court trial.

Decision Making Process

With court, the judge decides. Many people like the idea that they do not have to be involved in negotiating a settlement because they feel that once the judge hears the case, he/she will agree with them and they will win. Let’s not be naive, the other party or parties usually feel exactly the same way. Unfortunately, not everyone is a winner in a court case. This will lead to one or more parties being very disappointed about the judge’s decision which could lead to appeals and further costs and delays in reaching a final resolution.

With mediation, the parties are the decision makers. The only purpose of this process is to provide the parties the opportunity to work out their own resolution. It is true that each party will usually have to make concessions to achieve a resolution. But as long as each adjustment you make brings you something you want in return this is a win for you not a loss. In court, the possibility to mitigate is removed and the judge renders a decision where one party will have it all.

Family Relationship

As a conclusion, we would like to share with you the words of the former Chief Justice of the United States Supreme Court, Warren E. Burger when addressing to the American Bar Association winter convention in 1984: “Traditional litigation is a mistake that must be corrected. For some dispute’s trials will be the only means, but for many claims trials by adversarial contest must go the way of the ancient trial by battle”. As a reminder, the old trial by battle was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in combat and the winner was proclaimed to be right.

At Mediation Path Silicon Valley, we believe that there is a better way to settle family disputes. Please contact us and let us show you how. We have the passion and the experience to assist families in distress.