The Legal Profession’s Best Kept Secret.
Most people don’t know what mediation is or that it is a legitimate and legal alternative to going to court because they have never been exposed to it before.
Mediation takes less time than going to court and hiring lawyers, is less expensive, and produces superior results.
In fact, Chief Justice Thomas Zlaket of the Arizona Supreme Court in talking about lawyers, has said “People aren’t going to tolerate this profession any more. Most people cannot afford our services….” Many in the legal profession, for a long time, have been worried that more people would learn of mediation and simply choose the more economical, less confrontational, less drawn-out process of mediation over litigation.
We have been taught all our lives that the only way to resolve a dispute or finalize a divorce is to pay untold sums of money to hire lawyers, let the process drag on for months or years, go at one another like fighters in a ring, and at the end of it all, deal with the broken lives and debt.
Mediation, especially divorce mediation, solves disputes by allowing parties to work together toward a conclusion that both parties want, resulting in a settlement agreement. If parties can’t get along, the mediator facilitates improved discussion and helps move things forward.
The process is guided by a trained, certified, experienced, and neutral third party called a Mediator. The Mediator helps move things along with a firm but gentle hand, and helps everyone involved navigate the process until it’s resolved to everyone’s satisfaction. A deal is reached, and you can then take the document to a lawyer so it may be finalized into a legally-binding contract.
Reasons.
Here are just a few reasons why you should consider mediation as a realistic alternative to costly litigation:
- The process is strictly confidential and private. What is said in mediation, stays in mediation.
- There is no “winner” or “loser” in mediation. It’s 50-50.
- It’s much more economical than hiring lawyers; with the typical divorce costing approximately $20,000-$30,000 and the typical divorce mediation costing approximately $2,000-$3,000.
- If you’re not happy with an agreement, you can re-negotiate it, walk away, or go to court
Chief Justice Thomas Zlaket of the Arizona Supreme Court had this to say about lawyers several years ago: "People aren’t going to tolerate this profession any more. Most people cannot afford our services...." (The Colorado Lawyer, 11/2000 Vol. 29, No. 11)
- You don’t have to go before a judge
- You have more say in what happens
- Mediation takes less time than court.
- You can come out of mediation better off than you were before since you’re allowed to negotiate
- Mediation has on average a 90% or higher success rate, because both parties are involved in mutual talks
- Both parties must agree to settlements, so results are balanced and fair
- You can get feelings off your chest that would not be allowed in court
- No courtrooms, judges, or lawyers, unless you want them.
