There are plenty of benefits for those citizens who engage in mediation services. As a voluntary process, community members are able to enjoy a safe and secure environment where terms can be reached following a separation.
Rather than suffering through the court system where power and control is handed back to a judge, former couples have the opportunity to settle their differences simply by sitting across from the table from each other.
Given all of these advantages that are in play, there have been examples where clients hamper the progress that is made and fail to meet that very basic threshold that makes this exercise so valuable.
We will explore those examples in greater depth, helping those parties about what not to do and how they can actually achieve the outcome they are seeking.
Attempting to Rush The Process
One of the real issues that participants can have with mediation services is the concern that the other spouse wants to expedite the process and rush the discussions. Perhaps that might work in their favour if they are incredibly accommodating and are happy to put pen to paper on an agreement. However, it can present problems for those who want to get the balance right regarding child custody settlements, property rights and any other financial or family arrangements that are introduced. A certain degree of diligence never goes astray in these cases.
Refusing Any Form of Concessions
When one side of the table wants to operate in good faith with mediation services, they know that they want to put forward concessions to demonstrate that there will be some give-and-take involved. If one side of the isle does not budge and refuses to even discuss certain concessions, that will erode trust in the practice and hamper progress that could be made. Before approaching these appointments, citizens should talk the matter over with their counsel and see what room is available to maneuver to take the next step forward.
Overreaching With Demands
There must be some boundaries that have to be respected for parties who are using mediation services for their own benefit. In the event that a couple separates and one side demands complete child custody, complete property ownership and the acquisition of other financial assets, that is an overzealous approach that will erode confidence and ensure a halt in proceedings. This is a conciliatory discussion where spouses must respect each other, preventing the need to overreach when it is not called for.
Allowing Lawyers & Outside Interests to Dictate Terms
A real benefit for engaging mediation services is that there is less clutter involved through legal representatives and courtroom officials who have a duty to be present. Outside of the independent third party mediator who will help to facilitate the talks, no one else has to have a seat at the table. If there are examples where participants are on their phone conferring with solicitors or allowing others to interject and place their own demands on proceedings, then no real progress can be made.
Being Late or Missing Appointment Dates
It demonstrates a lack of respect and cares for the process when individuals show up late to mediation services or miss appointments altogether. This is a great opportunity to bypass those stringent regulations brought about by official divorce cases, but that leverage will evaporate if men and women fail to adhere to that very basic task of showing up on time. There will be flexibility for people to make their own schedule with mediation services and allow them to adapt to work and family commitments. Yet those that don’t communicate correctly and lack punctuality will diminish the progress that is made.