Access Mediation Services
  • 01905 330055
  • Book A Free Consultation
  • Home
  • Mediation Services
    • Family Mediation
    • Relationship Mediation
    • Civil Mediation
    • Workplace Mediation
    • Disability Mediation
    • Online Family Mediation
    • Online Mediation Services
  • Are We a Good Fit?
    • Why Choose Us?
    • Pricing
    • FAQs
    • Family Mediation Voucher Scheme
  • Book a Free Call

Litigation versus family mediation

  • Home
  • Blog
  • Litigation versus family mediation
Litigation versus family mediation

Litigation versus family mediation

Brought to you by a firm that operates in Cheltenham, Worcester and surrounding areas.

Family Mediation Cheltenham and Worcester has become an increasingly popular form of dispute resolution, as an effective alternative to the expense, length and unpredictability of litigation. This article looks at these two forms of dispute resolution, and their relative advantages and disadvantages.

What is family mediation?

Family mediation can either be seen as a process, a step removed from litigation, or one applied in conjunction with it. Disputing parties enter into discussion of unresolved issues in a process overseen by a neutral third party, to achieve negotiated outcomes agreeable to both parties. The mediator directs the discussion neutrally, acting as an impartial facilitator.

If you are intending to enter into mediation, it is important to enter into a pre-mediation contract. This ensures ongoing mediation is non-binding until a final agreement has been signed, and that mediation is conducted in good faith, with issues discussed remaining confidential until final agreement.

The benefits of mediation over litigation

Family mediation in Gloucestershire and Worcestershire brings together disputing parties in a calm, non-confrontational environment overseen by the mediator. Within this environment, parties are able to fully engage with each other, presenting their position and listening to the opposing one. The aim is to reach a settlement that satisfies both parties, as a result of each party being open about their own needs and feelings, and attempting to understand those of the other. The atmosphere is more relaxed, and less confrontational, than the third party adversarial positions generally adopted by legal teams.

Comparison of costs

Because all parties are brought together in one room and encouraged to reach mutual understanding, mediation tends to be a lot swifter and less expensive than traditional legal proceedings. Mediation can often resolve disputes in a single session, whereas legal proceedings may drag on for months. As a result, costs are generally a fraction of those incurred during litigation.

Additionally, a judge’s decision is purely fact based, and therefore litigation tends to involve a lot of background research to ascertain the full facts of every dispute, which adds further to both the timeframe and potential cost of legal proceedings.

It is worth bearing in mind however that, in certain circumstances where no satisfactory outcome is achieved and parties are forced to return to litigation, mediation can add to your costs. The majority of mediations do achieve successful outcomes, with CEDR surveys suggesting almost seventy percent of disputes are resolved on the same day, and almost ninety percent shortly afterwards, but this still leaves ten percent of cases unresolved.

Future relationships

 One of the most fundamental benefits of entering into mediation over litigation is that it allows disputing parties to enter into a full and frank discussion of their dispute, to listen to each other and find mutually agreeable solutions. In contrast to the adversarial nature of court proceedings, this allows both sides to take ownership of decisions arrived at, as a stepping stone to a more amicable future relationship. This is especially important where children are involved, and can be a first step to healing destructive divisions.

For more information on alternative dispute resolution in Cheltenham, Worcester and surrounding areas, or to discuss the services we provide, contact us today.

​Access Mediation Services

Central office number: 01905 330055
Email: info@accessmediationservices.co.uk

Social share

Recent Posts

  • Managing relationship stress during the holiday season
  • Family Mediation and domestic abuse
  • Finding family mediation services in Worcestershire and Gloucestershire
  • Litigation versus family mediation
  • Disability Mediation – An Overview

Central office number: 01905 330055
Email: info@accessmediationservices.co.uk

  • Contact Us
  • Resources
  • Blog
  • Policies

Share




Opening Hours

  • Monday 8:30am-5:30pm
  • Tuesday 8:30am-5:30pm
  • Wednesday 8:30am-5:30pm
  • Thursday 8:30am-5:30pm
  • Friday 8:30am-5:30pm
  • Saturday Closed
  • Sunday Closed
Access Mediation Services is the trading name of Access Mediation Services Limited, a limited company registered in England & Wales. Company registration number: 09962235, registered office: 73 Barbourne Road, Worcester, WR1 1SB.

© 2022  Access Mediation Services | All Rights Reserved.

Accessibility by WAH
  • Blog
  • Civil Mediation Service
  • Contact Us
  • Cookie Policy
  • Disability Mediation
  • Family Mediation
  • Family Mediation Cheltenham
  • Family Mediation Gloucester
  • Family Mediation Service Malvern, Evesham & Pershore
  • Family Mediation Services Redditch & Bromsgrove
  • Family Mediation Voucher Scheme
  • Family Mediation Worcester
  • FAQs
  • Homepage
  • Online Family Mediation Service
  • Online Mediation Services
  • Policies
  • Pricing
  • Relationship Mediation Services
  • Resources
    • Civil
      • The Ministry of Justice
      • What is the Civil Mediation Council?
      • What Methods of Alternative Dispute Resolution (ADR) are there?
    • Family
      • About the Family Mediation Council
      • All You Need to Know About C100 Forms
      • All You Need to Know About Divorce
      • Assets, Finances and How the Family Court Works
      • Child Inclusive Mediation. What is it?
      • Child Maintenance Service (CMS) Explained
      • Everything You Need to Know About the Separated Parents Information Programme (SPIP)
      • Family Mediation Documents Explained
      • Family Mediation Membership Bodies
      • How the Family Court Works and Child Arrangement Orders
      • Parental Alienation Explained
      • The Children and Family Court Advisory Support Service (CAFCASS)
      • What is Shared Parenting?
      • What is the Legal Aid Agency?
      • What to Expect in a Joint Family Mediation Session
      • What to expect in a MIAM (Mediation Information Assessment Meeting)
    • The College of Mediators
    • What is Support Through Court?
    • Workplace
  • Why Choose Us?
  • Workplace Mediation Services