More Control than the Court Process
One of the main benefits of mediation is that the parties have
complete control over the process. This differs from traditional court litigation where one size fits all.
Importantly, mediation is voluntary. Parties are free to mediate or walk
out the door.
The parties choose who will be the mediator. They have control over the
timing of the process, where mediation takes place, and what will be the
topics of mediation. They control how long they will meet and how often
The topics could include emotional issues, relationship issue or financial
issues to name a few. While a court cannot order a party to give an apology,
that could be a topic of discussion in mediation.
The parties make their own ground rules in mediation, which is only limited
by the agreements of the parties. Parties control how long they meet and
how often they meet. They decide who participates.
For example, it could be agreed to include a new significant other, the
parents of one of the parties, a business partner, a clergy person, a
neighbor or a childcare person such as a nanny. This differs greatly from
the procedures in traditional court litigation.
Also, the parties control the criteria for determining disputes. They could
agree to follow existing law or vary from it. The point is that things
are not black and white in mediation as they are in traditional litigation.
Why is Mediation Less Expensive than Litigation?
When there are fewer disputes and people get to resolve them quicker, there
is less professional time spent on the case resulting in a lower combined
expense to the parties. Also, by controlling future disputes by having
a mechanism to return to mediation with the same mediator who already
knows the case and does not have a learning curb, there is lower future
cost to the parties.
People work directly with each other with fewer contributing professionals.
People lower their threshold of naked anger in mediation that lowers the
cost of resolving the case.
If you are interested in resolving your divorce issues through mediation
in Westlake Village or Thousand Oaks, contact Richard Ross Associates
today at (805) 410-3407 today.