Disputes are often best settled by mutual consent, with no outside interference of any third party such as a judge. In particular family conflicts, where the parties consist of (former) spouses, parents, children, heirs or persons involved in a financial guardianship, guardianship or personal guardianship.
Communication often ceases during problems involving family as emotions, lack of understanding and suspicion continue to mount. When guided by the mediator, emotions often subside, lack of understanding becomes empathy and suspicion becomes trust. Subsequently, people can discuss the real issues and get to work in finding a solution, with no hidden agendas and respecting each other's interests. Studies show that the factors below are highly determinative for whether or not a mediation succeeds:
- A quick solution
On average, mediation is completed within a matter of months, sometimes even within a matter of weeks or through a single conversation lasting several hours.
- Preserve the relationship
During mediation, everyone gets the chance to say whatever is on their chest and to work things out. Afterwards, you can jointly find the solution. In family cases it is often of great importance to have parties keep in touch with each other, or at least ensure that they can keep talking to each other, both during and after the mediation. To ensure proper arrangements for care as well as the raising and development of children, it is important to maintain good relations between the parents. The so-called "parenting on" is essential to children.
- Maintain control
This is one of the key aspects of mediation. You decide, together with the other party, what you agree to and what ends up in a contract. It is not up to a judge to decide how the conflict is resolved. You remain in the driver's seat.
- Made to measure
A court case is all about the legal aspects of the dispute. During mediation, you try to find a joint solution for everything surrounding the dispute. It is a win-win situation.