Divorce is always difficult. Not only is it an emotional and stressful time of your life, but it can also be financially burdensome. The good news is, that despite the difficulty of divorce, there are ways to make it a bit easier on everyone. Having a great lawyer is one of the best ways to make the process easier. Another is using mediation for your divorce.
Mediation is ideal for couples that are able to have civil discussions and come to an agreement. Mediation only works for couples that can agree to terms outside of court, if you need go to litigation, or can resolve issues through civil conversations, you’ll be required to each get lawyers and pursue a traditional divorce.
Here are four reasons you should choose mediation:
It’s becoming more common for judges to order divorcing parties to try mediation before they are allowed to continue their case in the courtroom. Couples who try to divorce using mediation are far less likely to end up in court, where nearly all of the divorce cases that pursue an adversarial process wind up in court.
Mediation is commonly a flat-rate fee that you and your soon-to-be-ex can split, often only a few thousand dollars. Conversely, an adversarial divorce proceeding that ends up in litigation typically costs an average of $15,000 and can be even higher depending on where you live. A mediator brings both parties together, and the process is controlled completely by the divorcing spouses. The reality is the only ones who have a financial advantage during a divorce litigation are the attorneys.
One of the big differences between mediation and a litigated divorce settlement is privacy. Any issues that arise in litigated proceedings can be found online, and proceedings take place on the public record. There are very few exceptions in which your mediator can reveal anything discussed at mediation. The confidentiality of the mediation process protects the sensitive information and the privacy of all parties involved in the case.
When divorce proceedings become adversarial, it rarely works out to the benefit of both parties. With mediation, it’s more likely both parties will walk away feeling peaceful about the results. Yes, there will often be areas that require compromise, but when couples can find common ground in mediation everyone will be happier.
Overwhelmingly, couples who mediate divorce, child custody, and other family issues wind up with far higher rates of compliance with their agreements than those who litigate.
These are just a few of the advantages of mediation. These factors combine to produce a process that results in a win for both parties far more often than a legal fight.