Advantages And Disadvantages Of Mediation

Advantages And Disadvantages Of Mediation

One of the primary advantages of mediation is that it is often less costly than filing a legal action and submitting that case to trial before a full jury or a judge. In case the mediators have the capacity to enhance the problem solving skills of each party and help them prevent further disputes or clash of opinions, then that mediator is quite decent.In divorce actions, mediation may be mandatory depending on the rules of the local court. This is oftentimes required for child custody and visitation disputes, so that both parents could converse with a court-appointed mediator and see if they can resolve their problems even before putting their case before a judge. As always, the mediator cannot and should not impose a resolution yet the courts commonly require arguing or disagreeing parties to try mediation first.However, when one or both sides are denying information and facts or neglecting to cooperate, mediation isn't going to get the job done. A perfect example of this is in repairing monetary concerns. If one side is hiding assets or money, the opposing party won't realize it until they turn it to court and have their lawyers meticulously investigate the problem.One other drawback to mediation is whenever one party is quite passive and likely to be swamped by the opposition. They can come up with an understanding yet it is usually lopsided to favor the more dominant faction. Other examples of a very good mediator in this situation is when he or she makes sure that each party's demands are evenly safeguarded and articulated.A good example of this may be a case concerning domestic violence. A number of professionals feel that mediation is inappropriate here because it may simply present another environment for the abuser to hurt the victim once again. Likewise, a physically mistreated individual is almost always unable or would have a substantial difficulty in providing and protecting his or her concerns, particularly in front of the criminal.Finally, one prospective downside to this entire process is when no accord is reached, which means the mediation failed. The concern will be escalated to court with all of the expenses and hassles involved, and mediation may have been a waste of time and resources. And this happens quite often in real life, too!

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