1. It Costs Less. Litigation is expensive. Ask any lawyer and they will tell you that litigation is costly. When you mediate your divorce, you and your spouse will typically split the cost of the mediator, who will help you reach agreement and settle your case. This could potentially save you tens of thousands of dollars in lawyers fees by shortening the length of the representation. Instead of paying your lawyer to file motions, conduct additional depositions, and showing up to argue motions as you wait for a year to get a trial date, you could already be divorced with a settlement agreement that is likely more satisfactory for all concerned than if the case had gone to trial.
2. It's Faster. One of the most difficult aspects of divorce is the anxiety caused by the uncertainty of the future. You are struggling to figure out, in the short term, how to negotiate expenses, housing situations, and visitation - all of which will feel uneasy until your divorce decree sets out the guideline for the future. By mediating your case you do not have to wait months, or potentially years, to get the next available court date. The parties get to control the timeline for resolving issues, and the matter can often be resolved in as little as a single day of mediation.
3. It Protects The Children. Perhaps the greatest benefit of mediation is that the presence of a neutral third party in negotiations can help keep the focus on the best interests of the children, and help to defuse some of the animosity that the adversarial litigation process can stir up. Custody trials often require that children be interviewed by experts, and they may even be required to appear in court. By settling your issues out of court through mediation, you can save your children from the harmful effects of seeing their parents fight one another at trial.
4. There Is More Confidentiality. At trial, you have to "air your dirty laundry" in a room full of strangers - open to the public - in which a court reporter is recording every word you say to create a public record. All of the intimate details of your failed relationship will be memorialized. In mediation, all communications remain privileged and confidential. The only thing that will leave the mediation is your settlement agreement. All other communications made during the course of the mediation remain confidential - never to see the light of day.
5. You're in Control. In mediation, the parties get to control the process. You get to control the discussion and choose what to settle. You, not the court, have final say over the terms of your settlement agreement.
6. There is More Personal Attention. It is pretty common for a client to want their "day in court". They want to express themselves and tell their side of the story. Unfortunately, at trial this opportunity is less than ideal. The scope of what you get to say will likely be greatly limited by the attorney doing the questioning. In mediation, however, you will get to fully express yourself. Since you get to control the discussion, you can talk about whatever issues you feel are most important to you. You are far more likely to feel satisfied with your day in court if it is actually a day spent in mediation.
7. Increased Scheduling Flexibility. Waiting for a court date can be one of the more frustrating aspects of traditional litigation. Even when you finally do get a trial date set, you'll likely have to take days off of work since the courts are only open 9-5. Mediation is far more flexible. Mediation sessions can be scheduled in the evenings or even on weekends. You can plan your mediation around your existing schedule.
8. It Can Improve Post-Divorce Stability. The adversarial nature of litigation can create an us-against-them mentality while the parties fight over finances, property, and custody. Realistically, however, if you have children you will still be in each others lives moving forward post-divorce. Mediation can improve communication between parties - something that will be required post-divorce. Additionally, mediation can lead to improved understanding of one another and facilitate collaborative problem solving, which will help when issues arise in co-parenting.
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