The main reason why mediation is better than going to court is its several benefits. Mediation or Family Dispute Resolution is a process wherein a neutral third party or mediator helps people affected by separation, divorce, and family issues to resolve their disputes outside the court.  

Due to its “out-of-court settlement” feature, an increasing number of families choose mediation to resolve family law differences and conflicts in recent years in Canada. 

Why Mediation is Better Than Going To Court in Resolving Family Disputes?

A well-conducted mediation in resolving family matters can provide a suitable mechanism whereby the issue can be resolved with both parties still having control over the result. 

If you are still undecided whether to choose mediation or not, we provided you with a couple of reasons why mediation is better than going to court when resolving family issues.

No Control Over the Process

If you choose court proceedings, you and the other party have no control over the process. Instead, at your final hearing, both of you should hand over the approach to the judge. To make it simpler, it’s the judge who will impose a result. 

In certain times, after the judge heard the evidence in a case, it will usually take some time, or it could end up being months to consider his or her judgment on your case. But with mediation, you and the other party have control over the entire process.

Uncertain Results.

As soon as the judge hands down his/her judgment on your case, it may be a result which neither you nor the other party thought was possible. Note that no lawyer can guarantee what decision a Judge will make. 

The only guarantee that you will get in court litigation in resolving family disputes is that it will cost both parties a great deal of money and sometimes dismay due to the result’s uncertainty.

Legal Rules of Evidence are Applied.

Most of the time, clients decide to go to court based on a moral principle of  “not letting the other party get away with it.” If that is your case, then you may choose court over mediation. However, don’t expect that the court will hear all your story to tell as what you believe is relevant to your case. 

Remember that not every story you will tell has admissible evidence. The legal rules of evidence are always applied in court, and you may not be able to tell all your information as you would like to, as the evidence may be invalid. It is why mediation is better than going to court. If you want to hear out your story based on your sole emotions, getting a mediator is the right choice.

The Benefits of Mediation in Resolving Family Conflicts

There are several advantages of mediation when it comes to resolving family conflicts. It is the reason why most clients think that mediation is better than going to court. 

In the mediation process, a mediator helps both disputants reach a consensus on their own by assisting them in resolving their conflict in a most self-determined and sustainable way. Below are some of the benefits of attending a mediation procedure:

Flexibility

In the mediation process, you can address all the matters crucial to your family and those that may not otherwise be considered relevant in court proceedings. The mediator will also encourage both parties to set the agenda and confirm what matters they want to cover in the entire mediation process.

Promote Good Communication

One of the best reasons why mediation is better than going to court is that mediation promotes good communication than the latter part. 

A mediator’s primary role is to facilitate a healthy dialogue between you and the other party and encourage good suggestions about the expected outcome. Mediation is designed to promote healthy communication between the two parties. It may also build an on-going co-parenting relationship even after the process.

Less formal

Mediation is an informal format of family dispute resolution, much less formal than arbitration and litigation. Despite being informal, it still allows both parties to engage and work more openly and comfortably. Since the mediator helps both parties to focus on their needs and interests, they become more open than getting bogged down by court procedures and stated positions.

Result-oriented

According to a survey conducted, respondents referred to mediation procedures in Canada reported having more than 50% full or partial settlement of their cases. There are no winners or losers in mediation, making it way better than going to court. 

Besides, since the main focus of mediation is to resolve issues without pointing fingers or blaming the other party, both parties are more satisfied with the outcome.

Privacy

Another advantage of mediation is that it is carried in a private and confidential process that encourages both parties to be open about what they want to consider. It usually results in parties making suggestions they might be reluctant to do in court proceedings.

Saves Money and Time

The mediation process is also cheaper and quicker than attending court proceedings. It can usually start right away upon the two parties’ decision, and they can resolve it within months. 

On the other hand, the in-court process can take up to several months to schedule the first court appearance and even take years to resolve. If you want to fix your family disputes as soon as possible, mediation is the right option.

When to Choose Going to Court Over Mediation?

In some family law cases, mediation can be better than going to court. However, mediation is not appropriate for all types of disputes. In particular, it may not appropriate to choose mediation if your case involves intimate partner abuse or other abusive family situations where you or your partner has more power and control than the other.

Key Takeaways

With all the conducted thousands of family law cases in Canada over the past decades,  many clients state that they have a definite sense of relief because their claim is settled out of court. With that, mediation remains a better option than going to court. The relief from family dispute resolution is better because the conflict comes to an end without the stress of dealing with the court proceedings. 

For further information about mediation, the process, cost and whether it may help you to resolve your family disputes without court proceedings, feel free to call Lichtblau Law at 416-633-2465.