Why choose mediation instead of litigation?

Family law disputes can be overwhelming, especially for those who have never been through legal proceedings before. Along with the emotional stress of the dispute itself, navigating the legal system can add even more pressure. Whether you choose to hire a lawyer or proceed on your own, you’ll need to find a way to resolve the issues at hand.

When parties in a family law dispute cannot agree on certain matters, they generally have two options: go to court or resolve the issue through mediation. While court might seem like a straightforward choice, there are several advantages to choosing mediation instead.

Key benefits of mediation over litigation

1. Cost-effective resolution

One of the most significant benefits of mediation is its cost-effectiveness. Mediation is generally faster than going to court, which in turn makes it less expensive. Parties can attend mediation with or without legal counsel, depending on their preference or financial situation.

Litigation, on the other hand, is costly. Lawyers charge for both their time and expertise, and court applications often involve extensive preparation and long in-court hours. It’s not uncommon for what should be a simple application to take an entire day or more, especially when court schedules are busy. The time spent waiting for your case to be heard often exceeds the time required to present it.

In cases where both parties have legal representation, the financial burden can double, further reducing the resources available to the family once the legal process is over. Trials, in particular, are lengthy and considerably more expensive.

2. Quicker resolution

Mediations can be scheduled on short notice, allowing families to resolve their disputes much sooner than they would through litigation. By contrast, the Supreme Court of British Columbia is currently booking family law trials as far as 18 months out from the requested trial date. Though earlier dates sometimes open up due to cancellations, the 18-month wait is the norm.

Mediation offers a way to resolve family law matters more swiftly, preventing disputes from dragging on unnecessarily.

3. Greater control over the outcome

Mediation gives both parties control over the final outcome. During the mediation process, no one is forced to agree to terms they don’t find acceptable. By the end of mediation, each party will clearly understand the result, since they were part of shaping the agreement.

In court, the opposite is true. Once the evidence is presented, the judge renders a decision, and the parties have no control over the final judgment. Additionally, courts are often backlogged, so after a trial, parties may wait months before receiving the court’s decision.

4. Confidentiality

Another key advantage of mediation is the privacy it provides. Mediation sessions are confidential, meaning the details of the dispute are kept private. There is no public record of the mediation proceedings, and the terms of the agreement remain between the involved parties.

In contrast, court judgments are typically a matter of public record, available online for anyone to view. This lack of confidentiality can be a concern for families who prefer to keep their personal matters private.

Mediation as a preferred option

Mediation is a cost-effective, quicker and more private way to resolve family law disputes. Unlike litigation, mediation allows both parties to maintain control over the process and the outcome. While going to court may be necessary in some cases, it should be considered a last resort.

If you’re navigating a family law dispute, consider mediation as a way to reach a resolution with less stress, lower costs and more privacy. Contact Kovacs Family Law Mediation today to learn how we can help guide you through the mediation process.