Deciding to get a divorce can be difficult decision. It takes strength
and courage to accept when a relationship is over. Although there are
turbulent emotions, if a couple has both accepted the idea of a divorce,
it might be worthwhile to settle rather than fight. In honor of
mediation week, we illustrate the benefits of mediation over litigation in divorce cases.
You and Your Ex Have Control Over the Proceedings
When a divorce goes to court, the couple has little control over what happens.
There is a judge who presides over the case and it is his or her ruling
that is final. With mediation, the couple has more control over discussion
and the outcome. They can decide and settle on terms that are mutually
beneficial to both parties, especially when it comes to matters of custody.
In a typical mediation case, you and your ex will usually hire one professional
to facilitate the settlement. You do not need to hire a lawyer for mediation
and do not need to spend the extra money it takes to file a suit, draw
up appropriate documents, and to await time in court. With mediation,
you save money by coming to a settlement together.
You Receive More Focused Attention
A normal judge has to review multiple suits at a time. Because of the load,
you and your ex may not get the time and attention you need. With mediation,
the mediator has time to focus specifically on your case and understand
where you both are coming from. This allows for a better discussion, more
collaboration, and usually a more agreeable outcome for all involved.
When a divorce goes to trial, it can take many months to come to a settlement.
Between drawing up motion papers, waiting for court dates, and waiting
for the judge’s final decision, it can be a stressful and difficult
process. Mediation offers a quicker resolution because the divorce can
be handled outside of court.
You Have More Privacy
Mediation allows you and your ex to keep your personal matters private.
The information discussed and documented in the mediator’s office
are kept confidential. With arbitration, you have to discuss your personal
history in front of the judge and others who are present in the court.
You don’t want to discuss the most intimate details of your life
in front of strangers.
You Have More Flexibility
In general, there is greater flexibility in mediation than there would
be in litigation. Mediators often understand the demands of a busy schedule
and are willing to work with you. They may even agree to have meetings
in the evening, weekends, or through Skype. Mediation also allows you
to have more flexibility when it comes to drawing up agreements between
you and your ex. Mediators are there to help facilitate collaboration,
not pass a final judgement. That is why you and your ex can come up with
a more tailored divorce agreement that works for the two of you.
Mediation allows for a space where you and your spouse can discuss your
expectations and worries, without hostility. The mediator is there to
offer their neutral opinion, so that everything is as fair as possible.
Usually, individuals seeking mediation are willing to listen to the other
person, rather than allowing adverse emotions to take over. There can
be discussion that allows for a smoother divorce.
Protects the Children
Divorce cases that go to trial are often messy and emotionally charged.
When there are children involved, they might get put into the middle of
the fighting. With mediation, you can protect your children from an antagonistic process.
More Stability Post-Divorce
Mediation allows for lines of communication to remain open after the divorce.
Because it is a more collaborative method, it will hopefully make divorce
less combative, which means that you and your ex may be able to carry
on a healthy post-divorce life.
At James D. Madden, Attorney at Law, we understand just how complicated
divorce can be. We want to make sure our clients obtain the outcome they
deserve. If you are going through a divorce, contact our Rancho Cucamonga
divorce attorneys today.