- Saves Time and Money
Mediation is almost always significantly quicker and less expensive than litigation. For divorce and custody cases, or any other type of dispute, mediation is a more peaceful and cost effective alternative. In mediation, a mutually acceptable resolution can often be reached in a day, or in a few sessions over the course of a number of weeks. In contrast, litigation can drag on for months or even years. In litigation, communication typically takes place between the attorneys by letters or emails, and disputes are resolved in court hearings before a judge, causing lengthy delay. On the other hand, Mediation’s efficient approach to information-gathering and decision-making allows for rapid progress to be made. If an issue or a dispute arises in mediation, it can be addressed immediately, while the session is taking place.
The quick timeframe of mediation can also shorten the amount of time that family members have to endure the stress and anxiety of unresolved issues and unknown futures, and it can save tens-of-thousands of dollars in attorney fees and litigation expenses. This is a huge benefit of mediation.
- Reduces Stress
In most situations, mediation is far less stressful than litigation. The main reason for this is because mediation is conducted in a neutral setting, like a mediator’s office or conference room (or these days, even by Zoom), rather than in a courtroom. And the mediator is a professional neutral who does not represent either party. The mediator does not have the power of a judge and cannot impose a judgment on either of the parties. His/her only job is to help the parties reach a mutually acceptable resolution. Most of the time, the mediator, the parties, and their attorney (if they have one) will sit in one room around a table and discuss all of the issues. In more high conflict situations, the mediator may place both parties in separate rooms, and go back and forth between them to try to negotiate a solution without any direct contact between the parties.
Another reason that mediation is less stressful is because there is much more flexibility than in litigation. This flexibility allows for a cooperative approach rather than a combative engagement where everyone is left feeling exhausted and frustrated.
- You Remain in Control
Mediation is a voluntary and confidential process where the parties participate in the discussions and decisions. The mediator is acting as a facilitator and not as a judge, and either party is free to walk away at any time if they decide they no longer wish to participate. This gives each party a real sense of control, as opposed to litigation, where getting up and walking away is not an option and a judge has the power to impose a solution on the parties that neither of them may be happy about.
I recently went in front of a judge who told my client and the opposing party, “I don’t know you, and I don’t know anything about your family. If you proceed with litigation, I will listen to you both for probably a total of 3 hours at trial, and then I will have to decide how your property is divided and how you raise your children. If you can resolve this outside of court, you will save time, money, and stress, and most importantly, you will have some say in the outcome.” — This really resonated with my client, and quite frankly it resonated with me. Mediation allows for both parties to have control over the process and the result. This control can be extremely empowering. A mediator will work with both parties to help them make decisions that are in the best interests of their family.
The bottom line is this: If parties are able to negotiate a mutually acceptable agreement in mediation, they tend to be happier with the outcome and are far less likely to return to court for future disputes and have to spend money on attorneys and courtroom battles.
At the Law Office of Gary J. Frank P.C., our attorneys are experienced mediators who can explore options and help parties negotiate an agreement peacefully and less expensively. When we are not acting as mediators, but rather representing clients in litigation, we often recommend that they participate in mediation with another experienced mediator. In that setting, we can appear with our client at the mediation and help them negotiate an agreement from a position of knowledge and strength.
If you are interested in mediating your Family Law dispute, feel free to call us today.
By Logan Matura
At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com. We look forward to hearing from you.