What is the benefit of mediation versus the two-lawyer adversary process?
There are three major benefits: The first benefit is cost . In the adversary process (including collaborative law) the parties are duplicating their costs with two attorneys, and usually incur litigation costs in addition to the cost of settlement negotiations. The second benefit is time . Mediation is far more efficient because the parties (and the mediator) are communicating directly, rather than through lawyers with letters, draft agreements, etc. A divorce case can take years to resolve, while the average mediation case is resolved in 1 to 3 months. The third benefit is the relationship , which is especially important if there are children. Litigation makes parties more hostile and suspicious, while mediation, conducted in a calm, controlled, neutral environment, tends to reduce hostility and suspicion, and improve communication.
