Honestly, the biggest reason is that Court is really not a fun place. It’s scary, intimidating, expensive and takes away any control you may think you have over your life! Trust me, I’ve been there.
Ideally, you hope that 2 people can get together, discuss their disagreements, and be able to reach a compromise on their own. The reality is that reaching an agreement, especially when there is money involved, is a lot more difficult. Communication difficulties, hurt feelings, a sense of entitlement, revenge, a faulty perception of reality can all lead to exhaustion, exasperation, and a strong need to outsource the conflict to someone else like attorneys and a judge.
Let someone else deal with this because you ran out of options!
And for some people and some cases, attorneys and judges are exactly what they need. But they surely come at a cost, financial and emotional.
However, there is another place in between DIY (do-it-yourself) and Court, and that is mediation.
Mediation is a process wherein a neutral person, such as myself, can help parties reach a compromise they can both live with. I’m not a judge, I will not be taking any sides, I’m not going to say who is right and who is wrong.
My job is to create a safe space and facilitate a conversation between the two parties, which may have been difficult up to that point. The goal for this conversation is to help them find common ground and help them find solutions that are genuinely agreeable to both.
In what circumstances can mediation help?
Mediation can be used in ANY situations that includes 2 people disagreeing and reaching an impasse. An impasse is when they are stuck, deadlocked, no movement, no progress, no light at the end of the tunnel.
Here are some of the circumstances:
- Neighbors, landlord & tenants, and HOAs
- Family members
- Businesses and consumers
- Employers and employees
- Divorce proceedings
- Post-divorce property issues