There are many benefits to divorce mediation, rather than divorce litigation. First, divorce mediation prevents the family from being separated while going through the divorce. Divorce mediation was designed as an adversarial process. Each party can decide whether to hire an attorney or engage in the mediation process without an attorney.
The purpose of mediation is to initiate peaceful communication. You and your spouse can openly discuss what your desires are while attending the facilitated meetings. Both parties will listen to each other and reach a mutual agreement. These agreements could be about parenting matters, assets, childcare arrangements, spousal support, visitation, or any other matter that needs to be resolved. The agreements are usually written up as “Memorandums of Understanding,” and the documents are subsequently filed with the courts as an official record of the divorce.
Benefits of Mediation
The benefits of mediation are both emotional and financial. They include:
1. The cost of divorce mediation typically costs at least $10,000 less than a low conflict divorce litigation.
2. The average time it takes to complete divorce mediation is usually four to six months, and a litigated divorce can typically take 12 to 18 months.
3. Historically, divorce mediation is much simpler than the traditional divorce litigation. Both parties usually reach an agreement rather quickly, without having the need to go to court. Scheduling conflicts are usually at a minimum and expensive delays are normally avoided.
4. Divorce mediation is much more predictable than a divorce litigation. Both parties know what they are agreeing to at every point during the mediation process. A memorandum of understanding is usually prepared after each agreement. Each party determines their own fate rather than relying on the decision of a judge.
5. Divorce mediation allows each party to voice their opinions, thoughts, and views during the negotiation process. However, divorce litigation limits these factors, for each party has to testify within a certain amount of time.
6. Divorce mediation is usually less stressful than divorce litigation. By its nature, it’s non-combative. If children are involved, a healthy ongoing relationship between both parties is vital.
Divorce mediation can be a great alternative to divorce litigation. If you and your spouse are unable to resolve any differences or reach a fair agreement, mediation can be an excellent source to resolving any conflicting matters without spending huge amounts of money. Each party will still have the option of pursuing the case in court if desired.
To speak with a lawyer today about divorce or mediation, contact us online or by calling 480-345-2652.