When is the best time to start the process?
Couples, lawyers and judges agree that Mediation or Collaborative law are a much less time-consuming and costly way to settle a dispute than going to court. When the parties involved in a dispute decide that they need legal advice in order to understand how the law and procedure relates to their particular circumstances. Good lawyers will also give advice about out of court dispute resolution such as collaborative law, mediation and arbitration.
The court process takes more time and money than mediation and collaborative law. There are certain cases in which mediation and collaborative law may not be the best answer to resolve the conflict such as in cases of a domestic violence or an abusive situation. However, in most other cases, mediation or collaborative law works well to resolve disputes and are becoming more and more popular as a form of resolving family disputes.
So, when is the best time to mediate or use a collaborative style approach?
Anytime but ideally at the outset before becoming entrenched in a court process. Even if the court process has started it is possible to take ‘time out’ to try mediation or a collaborative style process.
What is good about mediation and collaborative law?
- Mediation and collaborative law are much less formal than the court process and therefore makes the parties involved in the conflict feel more comfortable.
- Mediation and collaborative law costs much less than the court process.
- Mediation and collaborative law takes a lot less time than the court alternatives. Mediation can take anywhere from 1 day to a few months, whereas litigation can take 1-2 years.
- In mediation and collaborative law sessions the parties involved are able to come up with their own solutions to their conflict with helpful suggestions from the mediator or collaborative lawyers.
- Because of the informal nature of mediation and collaborative law, the possible solutions to the conflict have more room to be creative and not necessarily financially orientated.
- Since the parties involved in the conflict come up with the solution with the assistance of the mediator or collaborative lawyers, they are more likely to stick to the terms of the resolution than they may be otherwise.
- Parties involved in a conflict feel more satisfied with the outcome of the resolution since they were more involved in the solution.