Reasons Why Divorce Mediation is Better Than Divorce Litigation

 

A long-drawn-out divorce litigation procedure is an expensive, time-consuming, and stressful process that compounds the pain of a divorce. If the excruciating process of a divorce (click here) is not painful enough for children, information being divulged publicly in divorce litigation can also make rebuilding lives more challenging for them, not only for the couple involved. Fortunately, divorce mediation is a viable alternative in some cases. A judge may even recommend couples go through divorce mediation before resorting to divorce litigation. For well-meaning couples who hold their mutual best interests paramount, divorce mediation presided over by a neutral third-party expert in family law can be an ideal setting to settle disputes to avoid a painful process. Here are the distinctions between divorce mediation and litigation.

What are the Advantages of a Divorce Mediation?

Though divorce mediation is not applicable to all cases, divorce mediation offers a viable alternative to couples who seek a private way to resolve conflicts. Aside from its confidentiality, divorce mediation also offers the following advantages:

1. Divorce Mediation is a More Affordable Alternative to Divorce Litigation

With the substantial upfront costs of divorce litigation, which may cost up to $50,000 per person, divorce litigation can be financially devastating to one or both parties. In divorce litigation, parties should also consider logistics costs, overhead, such as private investigators if they decide to employ them, and courtroom costs which could pile up, especially if the process takes several months or even years. In the case of divorce mediation, the upfront costs are lower. The divorce mediation costs offered by private mediators are between $5,000 to $10,000 shared between parties. Moreover, it may only take a few sessions to arrive at a settlement.

2. Divorce Mediation Keeps Information Private

In divorce litigation, all information about the divorce can be on public record. Moreover, parties will be forced to divulge information, especially when being cross-examined by the opposing party’s attorney. In divorce mediation, all information may not leave the four walls of the venue. It is in the best interest of the mediator to allow matters to be exchanged privately. This way, all parties concerned will not be subjected to scrutiny by the public, which spares them the unnecessary stress of having their private affairs shared with the public.

3. In Divorce Mediation, the Focus is on the Couple’s Best Interests

The non-adversarial atmosphere created by a divorce mediator re-frames the situation to enable each party to see the other side more clearly. This way, the emotional aspects of the divorce are more in focus, ensuring that the pain of the divorce is not felt dearly by all parties, especially the children.

4. In Divorce Mediation, the Couple Controls the Outcome

In divorce litigation, the judge and the couple’s attorneys determine the outcome of the divorce. On the other hand, divorce mediation allows the couple the opportunity to resolve their differences themselves. The divorce mediator’s job is to ensure that the ideal conditions are created for both sides to present their case properly. This way, the outcome of a divorce is not determined by total strangers.

5. Divorce Mediation is a Faster Process

Divorce litigation can be long-drawn-out. Although the length of divorce litigation primarily depends on the determination of each party to fight it out, court schedules also add to the length of time it takes to close divorce litigation. On the other hand, it will take a few sessions to arrive at a settlement in divorce mediation proceedings. The faster process allows all parties to rebuild their lives quickly.

Conclusion: Divorce Mediation Serves the Couple’s Mutual Interests in a Less Stressful Manner

Though divorce mediation is not applicable to all divorce cases, it can be a viable alternative for couples who wants a private and stress-free way to resolve conflicts. Moreover, the monetary costs of divorce litigation can be prohibitive to most people. If the couple wants to minimize the damage of a divorce, opting for divorce mediation can be their best choice to settle everything in a divorce.