Why is Mediation a better alternative to both parties hiring attorneys and litigating?

• In litigation, the Parties must hire their own attorneys, communicate through their attorneys, and the attorneys communicate to one another, then if there is a dispute, the attorneys file pleadings and argue the issue with the Judge. This often gets very expensive. By contrast in mediation, the parties communicate directly to the mediator who is trained to help the parties reach an agreement which saves money.
• When a case is litigated, it is often very hard to determine what the Judge will order, as different Judges will interpret facts and the law differently, and attorneys will present issues and legal arguments differently to the Judge. In mediation, the parties are empowered because they are reaching their agreements together, and such decisions are well thought out. If the parties cannot reach an agreement right away, our mediators will provide a summary of the law, the range of possible options, and help the parties resolve the issue with a solution that both parties can feel good about.
• In litigation the focus is often on the past. In mediation, the focus is on the future.
• The litigation process is not confidential because the Courtroom is open to the public and any communications, and things written by the parties or their attorneys in the Court file and also open to the public. By contrast, the mediation process and mediator records are confidential.
• Litigation is often traumatic for the Parties and their children. By contrast, because the parties are reaching agreements on their own with the help of one of our specially trained attorney mediators, there is very little if any emotional trauma or impact that the process puts on the children.
• Litigated divorce cases often take 12 months or longer to resolve. In our mediation cases, we have the entire case resolved anywhere between 1 and 4 months, depending on the complexity of the issues involved.

For more information on mediation or how our lawyers can facilitate the mediation process,� contact  Miller & Associates. We can help you determine the type of dispute resolution that best fits your situation.