Family Law Mediation - When and Why
By Brian McDonald
Mediation activity is very ancient, presumably starting with Phoenician commerce, if not in Babylon 2300 BC, and developed in Greece and thereafter utilized in Roman civilization. In China mediation has been a national tradition with a long history of cultural bias toward conciliation. Native Americans historically have utilized mediation techniques in conflicts. Historically, US tax dollars have gone more to courts in which attorneys argue and judges or juries make decisions about our disputes than to mediation of disputes.
Courts provide individuals with an opportunity to have their case argued with the greatest vigor. Courts protect individual liberties. We need the court to continue to do their outstanding job in this regard.
Recently, people are questioning whether we are sometimes captives of the system. "Can we solve problems without accusations, complications, and the expenses court cases entail?" In seeking an answer, mediation is one place lawyers are looking.
