Why is mediation better than adversarial court proceedings?
Mediation is better than traditional adversarial proceedings in many ways. Because the parties are in control of the process and make all the decisions, there is a greater likelihood that they will be satisfied with the outcome. Further, in mediation, the parties can spend as much or as little time as they wish on each issue; courts do not have the time to fully explore the parties’ particular needs or to fashion the best possible solutions in any given case. Mediation is premised on open communication and the possibility of win/win outcomes; such an outlook provides a strong foundation for future co-parenting, if there are children, and preserves the dignity of both parties.
