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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

The Benefits of Mediation in a Divorce 10-28-2015

The Benefits of Mediation in a Divorce

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.

Less Expensive

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.

Faster Resolution

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.

Less Combative

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.

Categories: Mediation

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