Why go to Mediation ?
Why should you go to mediation and try to resolve the case there instead of going to Court?
- Uncontested mediated cases are fast and only a fraction of the cost of a contested case.
- You have the chance and the opportunity to eliminate the “risk” that judge will not decide the case exactly the way you want. If you go to trial I can confidently say that-
- To the judge, your case will be just another case among the hundreds that he/she is assigned to. As such, you cannot expect him/her to get as excited about your case as you are, or to feel the way you do.
- The judge will never know enough about your case. Why is that? Because: 1) There are rules of evidence and procedure which may keep out or limit the evidence which you would like to give to the Court; and 2) The judge will only give you a short amount of time in which to present your case, and it most often will never feel like enough time.
- Judges do not “resolve” problems, they just “end” them.
- You will spend a lot more money going to court than you will if you settle the matter in mediation.
- In mediation the parties are able to eliminate the “risk” and will get the opportunity that day to custom draft their own Order/Decree. In doing so, the parties will be able to include creative solutions and details that are important to each of them.
- If the parties reach an agreement in mediation, typically that agreement is put into writing and signed that day, which means that the case will be close to being done, and the parties can move forward in their lives.
- Parties tend to get along better and abide by court orders which are based upon agreements that are reached in mediation.