Mediation can be useful in tandem with other legal proceedings, to lessen or prevent court costs and reach resolution faster.
In matters where children are involved, mediation can make for a less stressful time for the young people affected by the disagreements of adults as long as those in disagreement can commit with honesty to resolving the matter with expediency.
Prioritising the Issues
Mediation can often work even though the people involved may seem to have reached an impasse on a number of issues. Mediators, especially those with a legal background and training, can help by prioritising the issues and then assisting with providing clarity around particular issues through focusing on one at a time.
Rates of Success
The requirement for successful mediation is that whoever is involved, each comes into the process with a willingness to negotiate in good faith and the desire to resolve matters in a way that keeps the money that would have been spent on a court process in the family, to the benefit of the children.
A directed mediation, namely where the mediator offers their opinion as to the likely outcome following trial, is a good way for the clients to get reassurance regarding the advice they are being told and also see how the Court will likely operate and focus its mind. This makes settlement more likely and is often referred to as family dispute resolution, financial dispute resolution or FDR.