Advantages of Divorce Mediation over Traditional Litigation STAFF PICK

Meryl Enid Fishbone

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Divorce / Separation Lawyer

Contributor Level 6

Posted almost 5 years ago. 8 helpful votes

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1

Mediation can save you a great deal of time and expense

Litigating a divorce requires each spouse to hire an attorney and to each pay a retainer fee, usually ranging from five to twenty five thousand dollars. Litigating a divorce can take years to resolve, and can cost tens or hundreds of thousands of dollars to complete. On the other hand, mediating a divorce requires you and your spouse to hire only one impartial mediator to assist you in resolving your divorce issues, and there are no advance retainer fees or deposits required. The mediators fee is calculated on an hourly basis, and the average divorce can be settled in six to eight two-hour sessions. Mediation can save you up to 80% of the costs associated with litigation.

2

Mediation is a voluntary process that allows you to retain control over the outcome

Litigating a divorce in the Courts is not only costly and time consuming, but after all is said and done, the judge may be the one who determines your family's future. Alternatively, mediation is a voluntary process which enables you and your spouse to make your own decisions regarding your family's future rather than leaving your fate to a judge who knows nothing about you or your family. Since it is completely voluntary, you may withdraw from the mediation at any time. It allows you to agree on the important decisions together in order to arrive at a settlement agreement which is fair and acceptable to both of you.

3

Mediation allows you privacy and confidentiality in an informal setting

Mediation sessions are attended by you, your spouse and the mediator. All discussions are conducted in the privacy and comfort of the mediator's office with no threat of public disclosure of personal information. No court appearances are required. The mediator is a trained, neutral professional who, quite simply, assists you with your negotiations.

4

Mediation reduces conflict and is in the best interest of the children

By cooperatively working together to form an agreement for your future, you and your spouse can maintain an amicable and positive relationship, which will lay the foundation for your relationship with your children, post divorce. By choosing mediation, you are able to get on with your life sooner and spare your children the harmful and emotional scars that usually accompany litigation. For this and other reasons, divorce mediation is a process that more and more separating couples are choosing for themselves, as well as for their families.

Additional Resources

Family and Divorce Mediation Law Services

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