subject: How Mediation Can Help You [print this page] One of the main features of mediation is that it's more cost-effective than filing a legal action and taking that case to court before a judge or jury. In cases where the mediators can enhance the problem-solving skills of all sides and assist them to steer clear of further disagreements or clash of opinions, then that mediator is quite beneficial.
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.
On the other hand, when one or both sides are withholding information or refusing to cooperate, mediation will not work. A perfect example of this is in reconciling financial issues. If one party is hiding assets or income, the opposing party may not know it unless they escalate it to court and have their lawyers painstakingly investigate the matter. Even as they are usually the best at exploring the needs & goals of all partakers, and the possible solutions to the issues at hand, mediators do not have the legal resources of a lawyer to look for hidden information.
An additional disadvantage of mediation is when one party is quite unaggressive and oftentimes attacked by the opposite party. They can come up with an arrangement yet it may be lopsided to favor the more dominant faction. Other manifestations of a good mediator in this particular scenario is when he or she helps to ensure that both party's demands are equally safeguarded and articulated.
An example of this would be a case involving domestic violence. Many specialists believe that mediation is inappropriate here as it may simply provide another environment for the abuser to hurt the victim again. Furthermore, a physically abused individual is almost always incapable or could have a huge difficulty in providing and defending their own interests, specially in front of the criminal.
Finally, one likely downside to this entire method is when no agreement is achieved, meaning the mediation is unsuccessful. The concern will be escalated to court with all the fees and problems involved, and mediation may have been a waste of time and resources.
