Reasons Why Divorce Mediation is Better Than Divorce Litigation

Divorce litigation may compound the pain that divorce causes. Not only is divorce litigation an expensive undertaking, but it also takes a longer time. Divorce litigation is not viable for couples who value privacy because everything that happens in a divorce (click here) may become public information. Fortunately, divorce mediation presents a viable alternative to couples who hold their mutual interests highly. Instead of a judge, divorce mediation is presided over by a neutral third-party expert in family law whose best interest is to create ideal conditions for conflict resolution purely between the couples.

Advantages of Divorce Mediation Over Divorce Litigation

Divorce mediation is sometimes suggested by judges in a divorce court for specific couples. If couples are not keen to be adversarial to take what they think is rightful, mediation provides couples with the ideal setting for conflict resolution in an amicable way. Aside from its more straightforward process, here are the advantages of divorce mediation over litigation:

1. Divorce Mediation is More Affordable than Divorce Litigation

The cost of divorce litigation upfront is around $50,000 for each person. Aside from the attorney costs, parties will have to pay for logistics costs and overhead, especially if they opt to hire third-party investigators to help them furnish evidence to help their case. Moreover, since divorce litigation takes time and multiple court dates, the courtroom costs compound the financial impact further. On the other hand, the upfront cost of private divorce mediator companies is much lower and usually shared between parties. Moreover, there are court-appointed mediators, which may cost lower.

2. In Divorce Mediation, the Focus is on the Couple's Mutual Interests

The job of a divorce mediator is to re-frame the situation such that the side of both parties can be seen clearly. They facilitate an ideal condition such that resolving conflicts resulting from a divorce is not adversarial. This way, couples can serve their mutual interests better and minimize the emotional impact of a divorce, which can be helpful, especially regarding child custody matters.

3. In Divorce Mediation, the Couple Determines The Outcome

The mediator is not the party that determines the outcome. On the other hand, in divorce litigation, it is the judges and the attorneys who determine the case's outcome. The conditions presented in divorce mediation give the couple the opportunity to resolve their conflicts. The mediator makes it easier for all parties to present their cases clearly.

4. In Divorce Mediation, Couples Can Protect The Confidentiality of Their Divorce

In divorce litigation, the information involved in the divorce becomes private information. Moreover, parties will have to divulge confidential information, especially if the other party's attorney cross-examines them. For couples who seek to keep their matters private, the lack of confidentiality in divorce litigation places undue stress, not to mention for the children. In the case of divorce mediation, the information involved in a divorce doesn't need to leave the four walls of the session area. A third-party mediator will help keep the exchange of information between contending parties as discrete as possible.

5. Divorce Mediation is a Faster Process

Divorce litigation can be long-drawn. Court dates can be weeks apart. Moreover, conflict resolution can take several months, especially if the contending parties want to fight it out. Though the duration of conflict resolution in divorce still depends on the couple, divorce mediation presents a more serene atmosphere where cases can be discussed smoothly. For couples who want to serve their mutual interests, divorce mediation presents them with a faster way to resolve conflicts to enable all parties involved to rebuild their lives sooner.

Conclusion: Divorce Mediation is a More Trouble-Free Alternative for Couples Who Wants a Stress-Free Conflict Resolution

Though divorce mediation does not apply to all divorce cases, it presents a viable alternative for couples who want to keep their matters private and stress-free. Come couples want to avoid the adversarial and stressful situation created in a divorce litigation process. Moreover, the cost of divorce litigation can be prohibitive for some couples. If couples want to rebuild their lives sooner and move on, divorce mediation is an excellent way to help start their new lives.