Why Mediation?

In court, a judge makes the decisions, and both parties must follow these decisions, even if they don't agree.  Court decisions are unpredictable; one can never be certain how a judge will decide a case. In mediation, the parties involved have full control over the outcome. They decide what will work best for their situation. The mediator doesn't take sides or decide the agreement. Participating in mediation is voluntary, and no one will be forced into an agreement they don't want.

Compared to going to court, mediation is usually cheaper and faster. Court cases can take months or even years to resolve, and lawyers and court fees can be expensive. Mediation is a more cost-effective option.

Courtrooms can be tense and formal, but mediation is more relaxed, supportive and less stressful. Mediation can adapt to the parties' needs and changing circumstances. It allows for creative solutions that may not be possible in a court decision.

Conflict resolution approaches that focus on accusations, fighting and blaming can make relationships worse. Mediation is different because it is future-focused and promotes collaboration. This can be especially helpful for parents who will continue to have contact with each other. Mediation aims to create agreements that last and meet everyone's needs.

Court proceedings are open to the public, but mediation sessions are confidential and private. (There are a few exceptions to confidentiality, such as the mediator’s duty to report harm to a child). The agreement reached in mediation is summarized in a confidential document called a Memorandum of Understanding, which is shared only with the parties involved.

Mediation encourages open and respectful communication. The mediator ensures everyone as the opportunity to express their concerns and perspectives and this can help the parties better understand each other's viewpoints.