Family mediation is a process whereby the parties concerned agree to sit down and discuss their issues with the assistance of a trained mediator. The mediation session is not a trial where each side presents their case and the other side has to defend themselves. Instead, mediation sessions are more like a meeting where the parties and the mediator work together to find mutually agreeable solutions. The mediation session is often held in private and doesn’t require any form of legal representation. This means that the parties can save on legal fees while still being able to explore their options in a confidential setting. How is this possible? Here are some examples of how mediation can be cheaper than hiring a lawyer:
Time savings
Time is one of the most important factors when it comes to deciding whether mediation is a better option than hiring a lawyer. When you hire a lawyer, they will have to spend a certain amount of time getting to know your case, researching the law and drafting a response. This time is not included in their hourly rate.Time is something that is in short supply for all of us. Hiring a lawyer to see if mediation could be a better option for your case will almost certainly mean that you won’t be able to see your lawyer until after the mediation session has finished. Hiring a lawyer will also almost certainly mean that your case will not be resolved as quickly as mediation would suggest it will be.The same cannot be said for mediation, which can often be resolved within a couple of hours, if not less.
Co-mingling of parties
When you hire a lawyer, you are likely to be meeting with them in their office. However, when you and your spouse or partners go to mediation, you will be meeting with the mediator, who is likely to be someone you don’t know. The ability for parties to co-mingle at mediation is something that will save you a lot of money in legal fees. When you hire a lawyer, many of the important decisions will be made by the client rather than the lawyer. However, when you go to mediation, the opposite is true. The parties will be encouraged to discuss all of their issues with the mediator and come to a solution together.
Limited use of experts
When you hire a lawyer, they will often be required to bring in an expert to assist them in your case. For example, if you are suing for medical malpractice, the lawyer will likely bring in a medical expert to testify in court about the standard of care. The expert will almost always charge a hefty fee for their services.When you and your spouse or partners go to mediation, there will be no need for any experts. Instead, the parties will be encouraged to discuss their issues and come to a solution together.
Allowing for joint solutions
Once you and your spouse or partners have had the opportunity to explore all of the issues surrounding your case, they may come up with a solution that involves both of you. This is often referred to as a joint solution because the parties have come up with the idea together.When you hire a lawyer, you will almost always be required to sign a joint agreement that outlines everything that you and your spouse or partners will agree to do in the case. This is often referred to as a joint undertaking, which essentially means that you have agreed to take on an obligation that is equally your responsibility.
Mediation doesn’t go as far as a lawsuit would
When you hire a lawyer, you will often be required to sign a retainer agreement that outlines how much you will be charged for the services. The retainer agreement will also outline the amount of time the lawyer will have to spend on your case. The amount of time the lawyer spends on your case will be referred to as the contingency period.The contingency period will almost always be one year. This means that if you win your case, the lawyer will receive a percentage of the settlement. If you lose your case, the lawyer won’t receive a dime.The contingency period will also usually apply to the mediation session. This means that if you win your case, the mediator will receive a percentage of the settlement. If you lose your case, the mediation session will get nothing.
Conclusion
As you can see, there are many pros to mediation that can help you to save money. There are many reasons why hiring a lawyer for your case may not be the best option for you. No matter what your situation is, there is almost certainly a cheaper option available to you. When you are dealing with something as important as your family, it is important to explore all of your options and find the one that is best for your situation.