When it comes to separation and divorce, the mediation process can be a difficult but necessary step to take. The process of family law mediation in Australia helps separating couples to resolve their disagreements and come to an agreement about issues such as property, parenting, and financial matters. This blog post will provide a comprehensive guide to the mediation process for separating couples in Australia, including how to prepare, what to expect, and how to reach a resolution.

What is the Mediation Process?

Mediation is a process where divorcing couples come together with a neutral third party, known as a mediator, to help them reach an agreement on various issues related to their divorce. The mediator is trained in facilitating communication and negotiations between the couple, and their role is to guide the conversation, promote understanding, and assist in finding solutions that both parties can agree on.

During mediation, both spouses have the opportunity to express their concerns, desires, and priorities. The mediator helps to keep the conversation focused and constructive, ensuring that both parties are given equal opportunity to be heard. They also help to identify areas of common ground and encourage compromise.

The key benefit of mediation is that it allows couples to maintain control over the outcome of their divorce. Rather than having a judge make decisions on their behalf, mediation empowers couples to work together to find solutions that best suit their unique circumstances. This can lead to more customized and flexible agreements that are tailored to the needs and preferences of both parties.

Another advantage of mediation is that it is generally less expensive and time-consuming than going to court. The collaborative nature of the process can help to reduce conflict and foster a more amicable relationship between divorcing spouses. It also provides a safe and confidential environment for open and honest communication, which can be especially valuable when discussing sensitive issues like parenting arrangements and financial matters.

In summary, mediation is a voluntary and cooperative process that enables divorcing couples to resolve their disputes and reach mutually acceptable agreements with the assistance of a neutral mediator. It offers numerous benefits, including increased control, cost-effectiveness, reduced conflict, and the preservation of important relationships.

Benefits of Mediation for Separating Couples

Mediation offers numerous benefits for divorcing couples in Australia. One of the key advantages is that it allows couples to maintain control over the outcome of their divorce. Instead of relying on a judge to make decisions on their behalf, mediation empowers couples to work together to find solutions that best suit their unique circumstances. This can lead to more customized and flexible agreements that are tailored to the needs and preferences of both parties.

Another benefit of mediation is that it is generally less expensive and time-consuming than going to court. The collaborative nature of the process can help to reduce conflict and foster a more amicable relationship between divorcing spouses. It also provides a safe and confidential environment for open and honest communication, which can be especially valuable when discussing sensitive issues like parenting arrangements and financial matters.

In addition, mediation allows divorcing couples to avoid the stress and emotional toll of a court battle. By choosing mediation, couples can often resolve their disputes in a more peaceful and cooperative manner, which can have long-lasting positive effects on their overall well-being.

Overall, the benefits of mediation for divorcing couples in Australia include increased control, cost-effectiveness, reduced conflict, and the preservation of important relationships. It provides a structured and supportive environment for couples to find common ground and reach mutually acceptable agreements, ultimately helping them move forward in their separate lives with a greater sense of peace and understanding.

Mediation vs Litigation

When it comes to divorce, couples are often faced with the difficult decision of choosing between mediation and litigation. While both options aim to resolve conflicts and reach agreements, they have distinct differences that can greatly impact the outcome and overall experience for divorcing couples in Australia.

Mediation, as we have discussed earlier, is a voluntary and cooperative process where divorcing couples work with a neutral mediator to reach mutually acceptable agreements. It allows couples to maintain control over the outcome of their divorce and promotes open communication, compromise, and understanding. Mediation is generally less expensive, time-consuming, and stressful than going to court, and it fosters a more amicable relationship between divorcing spouses.

On the other hand, litigation involves taking the divorce case to court, where a judge will make decisions on behalf of the couple. This often results in a more adversarial and confrontational process, as both parties are represented by their respective lawyers and present evidence to support their claims. Litigation can be expensive, time-consuming, and emotionally draining for both parties involved. It also puts the decision-making power in the hands of the judge, which may not always align with the preferences and needs of the divorcing couple.

Ultimately, the choice between mediation and litigation depends on the individual circumstances of each couple. However, it is important to consider the benefits of mediation, such as increased control, cost-effectiveness, reduced conflict, and the preservation of important relationships. Mediation offers a more peaceful and cooperative alternative to litigation, allowing divorcing couples to work together to find solutions that best suit their unique circumstances.

How Does the Mediation Process Work in Australia?

Mediation is a popular alternative dispute resolution process in Australia, providing divorcing couples with a way to resolve their conflicts outside of court. The mediation process in Australia typically involves several steps.

First, both parties must agree to participate in mediation voluntarily. This means that neither party can be forced or coerced into attending. Once both parties agree, they can choose a mediator to facilitate the process. Mediators are neutral and impartial professionals who have undergone specialized training in conflict resolution.

The mediation session begins with an introductory meeting where the mediator explains the process and sets the ground rules. This meeting is an opportunity for both parties to get to know the mediator and ask any questions they may have. Following this, the mediator will schedule individual sessions with each party to gain a deeper understanding of their concerns and goals.

The joint mediation sessions are where the actual negotiation takes place. Both parties will meet with the mediator to discuss their issues and work towards reaching agreements. The mediator’s role is to guide the conversation, keep it focused and constructive, and help identify areas of common ground.

Throughout the mediation process, the mediator may use various techniques to facilitate communication and promote understanding. This can include active listening, reframing, and brainstorming possible solutions. The mediator will help both parties explore different options and encourage them to find creative compromises.

If an agreement is reached during mediation, the mediator will draft a formal document outlining the terms. Both parties will have the opportunity to review and sign the agreement, making it legally binding. If an agreement cannot be reached, the parties may choose to explore other options, such as seeking legal advice or pursuing litigation.

Overall, the mediation process in Australia offers divorcing couples a way to work together in a collaborative and constructive manner. It provides a safe and confidential environment for open communication, encourages compromise, and allows couples to have greater control over the outcome of their divorce. By choosing mediation, divorcing couples can often avoid the stress, cost, and adversarial nature of going to court, leading to more peaceful and satisfying resolutions.

Why Choose Mediations Australia

Choosing the right mediation service is crucial when going through a separation, and Mediations Australia is here to provide the support and expertise you need. With years of experience in family law mediation, Mediations Australia is dedicated to helping couples navigate the mediation process and reach agreements that work for everyone involved.

One of the reasons why you should choose Mediations Australia is our team of highly skilled and qualified mediators. Our mediators are trained professionals who understand the complexities of family law and are committed to creating a safe and supportive environment for both parties. We have extensive knowledge of family law and are skilled in facilitating effective communication and negotiations.

At Mediations Australia, we believe in the power of collaboration and understanding. Our mediators are skilled in fostering open and constructive dialogue between separating couples, helping them find common ground and work towards mutually acceptable agreements. We prioritize your needs and preferences, ensuring that the outcome of your divorce reflects your unique circumstances.

We also understand that separation can be an emotionally challenging time, and our mediators are sensitive to the emotions involved. They provide compassionate guidance and support throughout the mediation process, helping you navigate the difficult conversations and make informed decisions.

Additionally, Mediations Australia offers a convenient and flexible service. We have locations throughout Australia and can accommodate your schedule, whether you prefer in-person sessions or virtual mediation.

Preparing for Your Mediation Session

Preparing for your mediation session is an important step in ensuring a successful and productive outcome. Here are some tips to help you get ready for your mediation session:

1. Gather all relevant documents: Before your mediation session, gather any documents or information that may be relevant to the issues being discussed. This may include financial statements, property records, and any agreements or contracts that are relevant to your divorce.

2. Understand your priorities: Take some time to think about what matters most to you and what you hope to achieve through the mediation process. Understanding your priorities will help you articulate your needs and goals during the session.

3. Be prepared to compromise: Mediation is a collaborative process, and compromise is often necessary to reach a mutually acceptable agreement. Consider areas where you may be willing to give a little in order to find common ground with your spouse.

4. Practice effective communication: Communication is key during mediation. Practice active listening, remain calm and respectful, and express your thoughts and concerns clearly. Be open to hearing your spouse’s perspective and be willing to consider their viewpoints.

5. Consider seeking legal advice: While mediators are trained professionals, it may be helpful to seek legal advice before your mediation session. A lawyer can provide guidance on your rights and responsibilities and help you understand any legal implications of the agreements reached during mediation.

By following these tips, you can feel prepared and confident as you enter your mediation session. Remember, mediation is an opportunity to work together with your spouse to find solutions that work for both of you. Stay open-minded, focused, and willing to find common ground, and you’ll increase the likelihood of a successful outcome.

Types of Mediation Process

There are numerous types of mediation processes that a mediator may utilise to facilitate an effective mediation. Here are those that are typically used.

Therapeutic Mediation

Therapeutic mediation is a highly effective approach commonly used in Australia to resolve various types of disputes, with a particular emphasis on family matters such as divorces or custody battles. This unique form of mediation aims to not only facilitate communication between the parties involved but also foster a deep sense of understanding and empathy.

When engaging in therapeutic mediation, the mediator plays a crucial role in creating a safe and supportive environment for all parties. This environment allows individuals to freely express their feelings, concerns, and desires without fear of judgment or reprisal. By providing this secure space, the mediator helps to establish a solid foundation for open and honest communication.

Throughout the therapeutic mediation process, the mediator employs various techniques to encourage the parties to recognize and appreciate each other’s perspectives. By actively listening and reflecting on the shared experiences and emotions, the mediator helps to bridge the gap between the conflicting parties. This empathetic approach allows individuals to gain a deeper understanding of the underlying issues and motivations driving their counterparts.

Moreover, therapeutic mediation goes beyond simply facilitating communication; it also aims to guide the parties towards finding common ground. The mediator skillfully navigates the discussions, gently steering the conversation towards areas of agreement and shared goals. By highlighting these areas of alignment, the mediator helps to foster a sense of collaboration and cooperation, ultimately leading to mutually beneficial outcomes.

It is important to note that therapeutic mediation is not a one-size-fits-all approach. The mediator tailors the process to suit the unique needs and dynamics of each case. This customization ensures that the parties receive the support and guidance necessary to navigate their specific challenges effectively.

Overall, therapeutic mediation offers a holistic and compassionate approach to resolving disputes, particularly in the sensitive realm of family matters. By creating a safe space for communication, fostering understanding, and guiding parties towards common ground, this form of mediation paves the way for healing, growth, and mutually satisfactory resolutions.

Settlement Mediation

Settlement mediation, a widely used approach in Australia, plays a crucial role in resolving civil disputes, particularly those related to personal injury claims or contract disputes. This form of mediation aims to achieve a mutually acceptable settlement for all parties involved, thereby avoiding the need for litigation.

During settlement mediation, a skilled mediator guides the parties through a structured process, helping them identify their underlying interests and explore potential solutions. By fostering open and honest discussions, the mediator facilitates the exchange of information and encourages negotiation between the parties. This collaborative approach allows for a comprehensive exploration of the issues at hand, enabling the parties to reach a resolution that satisfies their respective needs and concerns.

One of the key advantages of settlement mediation is its emphasis on confidentiality. Unlike court proceedings, where information may become public record, settlement mediation provides a private and confidential environment for the parties to discuss their grievances and explore potential solutions. This confidentiality allows for a more open and candid exchange of information, empowering the parties to address their concerns without fear of public exposure.

Furthermore, settlement mediation offers a flexible and cost-effective alternative to traditional litigation. By engaging in mediation, parties can avoid the lengthy and expensive court process, which often involves multiple hearings, legal fees, and time-consuming procedures. Settlement mediation allows the parties to take an active role in shaping the outcome of their dispute, providing them with a sense of control and ownership over the resolution.

During the mediation process, the mediator acts as a neutral facilitator, guiding the parties towards a mutually agreeable solution. They do not impose decisions or judgments but instead help the parties explore creative options and find common ground. The mediator’s role is to ensure that the discussions remain focused, respectful, and productive, enabling the parties to effectively communicate their interests and work towards a resolution that meets their needs.

It is important to note that settlement mediation does not guarantee a resolution in every case. Some disputes may prove too complex or deeply entrenched for mediation to succeed. However, even in such situations, settlement mediation can still be valuable as it allows the parties to gain a better understanding of each other’s perspectives and interests, potentially laying the groundwork for future negotiations or alternative dispute resolution methods.

In conclusion, settlement mediation is a valuable tool in resolving civil disputes in Australia. By fostering open communication, encouraging negotiation, and providing a confidential environment, settlement mediation empowers parties to actively participate in the resolution process. This approach offers numerous benefits, including cost-effectiveness, flexibility, and the opportunity for parties to shape the outcome of their dispute.

Facilitative Mediation

Facilitative mediation is another approach commonly used in Australia. This type of mediation focuses on helping the parties communicate effectively and find their own solutions to the dispute. The mediator serves as a facilitator, guiding the process and ensuring that all parties have an equal opportunity to express their views.

During facilitative mediation, the mediator encourages active listening and open dialogue between the parties. They help the parties identify their underlying needs and interests, and guide them towards finding a resolution that addresses those concerns. Facilitative mediation promotes self-determination and empowers the parties to take ownership of the outcome.

One of the key benefits of facilitative mediation is that it allows the parties to maintain control over the outcome. Unlike other forms of mediation where the mediator may offer suggestions or make decisions, facilitative mediation puts the power in the hands of the parties involved. This can lead to more creative and mutually satisfactory solutions, as the parties are able to tailor the outcome to their specific needs and interests.

Another important aspect of facilitative mediation is the emphasis on effective communication. The mediator plays a crucial role in facilitating dialogue and ensuring that all parties have a chance to express their views and concerns. By promoting active listening and open communication, facilitative mediation creates an environment where the parties can truly understand each other’s perspectives and work towards a resolution that is acceptable to all.

Furthermore, facilitative mediation recognizes the importance of addressing underlying needs and interests. Rather than focusing solely on the surface-level issues, the mediator helps the parties delve deeper into their motivations and concerns. By identifying and addressing these underlying needs, facilitative mediation aims to find solutions that not only resolve the immediate dispute but also address the root causes of the conflict.

Facilitative mediation is also known for its flexibility. The process can be adapted to suit the unique needs and dynamics of each case. The mediator can employ various techniques and tools to facilitate communication and problem-solving, such as brainstorming sessions or role-playing exercises. This flexibility allows facilitative mediation to be effective in a wide range of disputes, from family matters to commercial conflicts.

In conclusion, facilitative mediation is a valuable approach that focuses on empowering the parties to find their own solutions. By promoting effective communication, addressing underlying needs, and maintaining flexibility, facilitative mediation creates an environment where parties can work together to reach a mutually satisfactory resolution.

Evaluative Mediation

The fourth type of mediation commonly used in Australia is evaluative mediation. This approach involves the mediator providing an evaluative assessment of the strengths and weaknesses of each party’s case. The mediator may offer opinions and suggestions on how the dispute could be resolved if it were to go to court.

During evaluative mediation, the mediator takes on a more proactive role, providing guidance and potential solutions based on their experience and expertise. The mediator helps the parties evaluate the risks and benefits of different options, facilitating informed decision-making. Evaluative mediation is often used in complex disputes where legal issues are involved.

Evaluative mediation is a highly structured process that aims to assist parties in reaching a resolution by offering an objective evaluation of their case. The mediator, who is usually an experienced legal professional, carefully analyzes the arguments and evidence presented by each party. They assess the strengths and weaknesses of the case, providing an unbiased perspective on the likely outcome if the dispute were to proceed to court.

One of the key features of evaluative mediation is the mediator’s active involvement in the negotiation process. Unlike other mediation styles that focus on facilitating communication and understanding between the parties, evaluative mediation emphasizes the mediator’s role in offering recommendations and potential solutions. The mediator may propose settlement options, suggest compromises, or even provide an assessment of the parties’ legal positions.

By actively engaging in the evaluation and analysis of the case, the mediator helps the parties gain a clearer understanding of their respective positions. This allows them to make informed decisions about the best course of action to resolve the dispute. The mediator’s expertise and knowledge of the legal system can be invaluable in guiding the parties towards a fair and reasonable resolution.

Evaluative mediation is particularly beneficial in complex disputes where legal issues play a significant role. For example, in commercial disputes involving contractual obligations or intellectual property rights, evaluative mediation can help the parties assess the legal merits of their claims and explore potential settlement options. The mediator’s evaluative assessment provides a realistic perspective on the likely outcome if the case were to be litigated, enabling the parties to make informed decisions about settlement.

It is important to note that evaluative mediation does not replace the role of the court or legal advice. The mediator’s evaluation is not binding, and the parties are still free to pursue litigation if they are unsatisfied with the proposed settlement options. However, evaluative mediation can often save time, money, and emotional stress by providing a realistic assessment of the case early on in the dispute resolution process.

In conclusion, evaluative mediation is a structured and proactive approach to resolving disputes. By offering an evaluative assessment of the strengths and weaknesses of each party’s case, the mediator helps the parties make informed decisions about settlement options. This style of mediation is particularly useful in complex disputes where legal issues are involved, as it provides a realistic perspective on the likely outcome if the case were to proceed to court.

The Types of Ways the Mediation Process Can Happen

Mediation in Australia can take place in various ways depending on the needs and preferences of the parties involved. It can be conducted face-to-face, where all parties and the mediator are physically present in the same location. This type of mediation offers the advantage of direct communication and allows participants to observe each other’s body language and facial expressions, which can help in understanding and resolving conflicts more effectively.

Alternatively, mediation can be conducted online or through video conferencing platforms, allowing participants to engage in mediation remotely. This method is particularly useful when parties are located in different geographical areas or when face-to-face meetings are not feasible due to time constraints or other logistical reasons. Online mediation provides flexibility and convenience, as participants can join the sessions from the comfort of their own homes or offices.

The mediation process can also differ in terms of its duration. Some mediations may be resolved in a single session, where all parties come together and work towards finding a mutually acceptable solution within a few hours. This type of mediation is often suitable for less complex disputes or when the parties involved have a high level of cooperation and willingness to reach an agreement.

On the other hand, certain disputes may require multiple sessions spread out over weeks or even months. These extended mediation processes are usually necessary when the issues at hand are more intricate and require in-depth discussions and negotiations. The additional time allows the parties to gather more information, consult with experts if needed, and explore various options before reaching a final resolution.

The length of the mediation process depends on various factors. The complexity of the dispute plays a significant role, as more intricate issues may require more time to address and resolve. Additionally, the willingness of the parties to cooperate and engage in open and constructive dialogue can impact the duration of the mediation. Parties who are committed to finding a solution and are actively involved in the process tend to reach agreements more efficiently.

Furthermore, the progress made during each session can influence the overall length of the mediation. If significant strides are made in understanding the underlying interests and concerns of each party and narrowing down potential solutions, the mediation process can be expedited. Conversely, if there are setbacks or challenges that arise during the sessions, additional time may be needed to overcome these obstacles and move forward towards a resolution.

In conclusion, mediation in Australia can be conducted in various ways, including face-to-face and online methods. The duration of the mediation process can vary depending on the complexity of the dispute, the willingness of the parties to cooperate, and the progress made during each session. Regardless of the specific approach or length, mediation provides a valuable opportunity for parties to engage in constructive dialogue and work towards resolving their conflicts in a mutually satisfactory manner.

Understanding the Mediator’s Role in the Process

The mediator plays a crucial role in the mediation process. They are responsible for facilitating communication, ensuring a fair and respectful environment, and guiding the parties towards a resolution. The mediator remains neutral throughout the process, refraining from taking sides or making decisions on behalf of the parties.

The mediator’s primary role is to assist the parties in identifying and clarifying their interests and needs. They help the parties explore different solutions and work towards an agreement that satisfies all parties involved. The mediator’s expertise and experience in conflict resolution are instrumental in guiding the process and ensuring that it is conducted effectively and efficiently.

During the mediation process, the mediator employs various techniques to create a conducive atmosphere for open and honest communication. They encourage active listening and effective communication skills among the parties involved. By doing so, the mediator fosters an environment where each party feels heard and understood.

Furthermore, the mediator employs a range of communication strategies to facilitate productive discussions. They may use reframing techniques to help parties reframe their perspectives and understand each other’s viewpoints. By encouraging empathy and understanding, the mediator helps the parties develop a deeper appreciation for each other’s needs and concerns.

In addition to facilitating communication, the mediator also helps the parties identify their underlying interests and needs. Often, conflicts arise due to misunderstandings or unmet needs. The mediator assists the parties in uncovering these underlying issues and encourages them to express their concerns openly.

Once the interests and needs are identified, the mediator guides the parties in brainstorming and exploring various solutions. They encourage creative thinking and problem-solving techniques to generate a wide range of options. The mediator ensures that all parties have an equal opportunity to contribute and that no idea is dismissed without careful consideration.

As the mediation process progresses, the mediator helps the parties evaluate the feasibility and practicality of each solution. They assist in assessing the potential consequences and benefits of different options. The mediator’s expertise in conflict resolution allows them to provide valuable insights and guidance in this evaluation process.

Throughout the mediation process, the mediator remains impartial and neutral. They do not advocate for any particular outcome but rather facilitate the parties in reaching a mutually agreeable solution. The mediator ensures that power imbalances are addressed and that all parties have an equal opportunity to participate and express their concerns.

In conclusion, the mediator’s role in the mediation process is multifaceted and essential. They facilitate communication, guide the parties towards resolution, and ensure a fair and respectful environment. By employing various techniques and strategies, the mediator assists the parties in identifying their interests and needs, exploring different solutions, and evaluating their feasibility. Their expertise in conflict resolution is instrumental in ensuring an effective and efficient mediation process.

Advantages of Mediation for Resolving Disputes

There are several advantages to using mediation as a method for resolving disputes in Australia. Firstly, mediation is a voluntary process, allowing the parties to have full control over the outcome. They can actively participate in negotiations and have a say in the final decision, unlike in litigation where a judge makes the final ruling.

Mediation is also a confidential process, ensuring that sensitive information shared during the session remains private. This confidentiality encourages open and honest communication between the parties, fostering an environment conducive to problem-solving and compromise. Furthermore, mediation is generally a faster and more cost-effective method compared to litigation, which can be lengthy and expensive.

Additionally, mediation promotes a more amicable resolution to disputes, preserving relationships and minimizing hostility. It allows the parties to maintain control and have a greater sense of satisfaction with the outcome, as they actively engage in negotiations and work towards a mutually acceptable agreement. Mediation also provides a platform for parties to express their emotions and be heard, promoting healing and closure.

The Mediation Process Step-by-Step

The mediation process in Australia typically follows a step-by-step structure. Firstly, the parties involved in the dispute agree to participate in mediation voluntarily. They select a mutually agreed-upon mediator or seek assistance from a mediation service provider.

Next, a pre-mediation phase may occur, involving the mediator gathering information about the dispute and conducting separate meetings with each party to understand their perspectives. This phase aims to identify the key issues and establish a foundation for the upcoming mediation sessions.

The next step is the joint mediation session, where all parties and the mediator come together to discuss the dispute. During this session, each party has an opportunity to present their side of the story and express their interests and concerns. The mediator facilitates communication, ensuring that all parties have a chance to be heard and understood.

Following the joint session, the mediator may conduct separate private sessions, referred to as caucuses, with each party. These individual sessions allow the mediator to explore potential solutions, convey messages between parties, and help them evaluate the strengths and weaknesses of their positions.

The mediation process continues with negotiation and exploration of possible options for resolution. The mediator guides the parties in brainstorming and evaluating different proposals, aiming to find a solution that addresses the underlying concerns and is acceptable to all parties involved.

Finally, if an agreement is reached, the mediator helps the parties formalize the terms of the agreement. The agreement may be in writing, outlining the terms and conditions agreed upon, or it may simply be a verbal agreement depending on the circumstances. Both parties may choose to consult their own legal advisors before finalizing the agreement.

The Outcome of Mediation in Australia

The outcome of mediation in Australia can vary depending on the nature of the dispute and the willingness of the parties to cooperate. In some cases, mediation leads to a successful resolution, with all parties reaching an agreement that satisfies their interests and needs. This agreement is binding and enforceable, providing a sense of closure and finality to the dispute.

However, it is important to note that mediation does not guarantee a resolution in every case. Sometimes, mediation may not result in a settlement, and the parties may need to explore alternative methods for resolving their dispute, such as arbitration or litigation. Nonetheless, even in cases where mediation does not lead to a resolution, it often helps the parties better understand each other’s perspectives and narrow down the points of contention, making further negotiations or legal proceedings more focused and efficient.

In conclusion, mediation plays a vital role in resolving disputes in Australia. Whether it is therapeutic mediation, settlement mediation, facilitative mediation, or evaluative mediation, the process offers numerous advantages over traditional litigation. By understanding the role of the mediator and following the step-by-step process, parties involved in a dispute can engage in productive negotiations and reach a mutually acceptable resolution. Mediation empowers individuals to take control of the outcome and promotes amicable resolutions that preserve relationships and minimize hostility.

At Mediations Australia, our team of mediators and family lawyers can help you resolve your dispute both effectively and efficiently, saving you the emotional drain of being embroiled in years of litigation, notwithstanding the massive cost savings.