ADVANTAGES OF MEDIATION
Mediation is significantly less expensive than litigation. In a litigated divorce, both parties often hire separate attorneys, leading to high legal fees. Court costs, expert witness fees, and other litigation-related expenses can quickly add up. Mediation, on the other hand, involves a single mediator working with both parties, reducing costs and financial strain.
Cost Effectiveness
In mediation, the divorcing couple retains control over the outcome. When you litigate, you are at the mercy of the court. Mediation empowers both parties to negotiate and reach mutually acceptable agreements. This collaborative approach fosters flexibility and creativity in problem-solving, allowing couples to tailor solutions to their unique needs and circumstances.
Control & Flexibility
Divorce litigation is inherently adversarial, often pitting spouses against each other in a courtroom battle. This confrontational atmosphere can exacerbate tensions and increase emotional distress. Mediation, in contrast, promotes cooperation and open communication. The mediator facilitates discussions in a neutral, supportive environment, helping to reduce conflict.
Less Adversarial
Litigated divorces can drag on for months or even years due to the complexities of court schedules, legal procedures, and the adversarial nature of the process. Mediation, however, is designed to be streamlined and efficient. Couples can often resolve their differences and reach an agreement in a matter of weeks, allowing them to move forward with their lives.
Faster Resolution
The cooperative nature of mediation helps parents focus on the best interests of their children, fostering a more amicable post-divorce relationship. The process of mediation fosters a solution-based mindset. By minimizing conflict, mediation can reduce the emotional impact of divorce on children and promote a healthier family dynamic moving forward.
Better For Children
While divorce signifies the end of a marital relationship, it doesn't have to destroy the relationship between spouses. Mediation fosters respectful communication and collaboration, helping to preserve a positive relationship post-divorce. This is essential for healthy co-parenting as well as preserving other shared relationships the couple may have.
Relationship Preservation
Mediation offers a level of privacy that litigation cannot. Court proceedings are public record, meaning anyone can access the personal details of your divorce case. Mediation sessions, however, are completely confidential. This level of privacy allows divorcing couples to discuss sensitive issues openly and without the added concern of public exposure.