The American Arbitration Association reports that over 85% of all meditations result in a settlement. This is true even where all prior attempts at settlement have failed, where the parties are pessimistic about the prospects of settlement, and where the parties have spent substantial amounts of time and money preparing for a trial.
- The benefit of mediation is that you and your spouse, not judges and lawyers, make the decisions.
- Your aim is to reach an agreement that enables you both to go on with your lives, comfortably, after the divorce.
- Attorneys are often more interested in posturing, than in resolving disputes. As a result, they often employ hard bargaining tactics which emphasize the differences in their positions rather than seeking a common ground for settlement. Since the mediator’s job is to keep the parties focused on exploring productive avenues to settlement, posturing and hard bargaining are often reduced or eliminated.
- A mediation session normally provides each side with a more realistic view of the opposing position (one not filtered through lawyers) and often results in the consideration of settlement proposals that otherwise would have been rejected.
Today, parties engage in fierce litigation because they know of no better alternative. Mediation is the affordable alternative to settling your dispute and moving on with your lives quickly and comfortably.