Top 5 Benefits to Divorce Mediation over Divorce Litigation
By the time prospective clients approach me for a consultation, at least one of them stresses that they want a divorce “a.s.a.p.” They are emotionally (and sometimes also financially) drained. Even my clients with a high-net worth share the common interest of expediency- getting the divorce process over with as quickly as possible and moving forward with their independent lives. So, as I tell my prospective clients during the initial consultation, these are the top 5 reasons to try divorce mediation before filing divorce litigation:
1) Mediation is FAR LESS EXPENSIVE- In the litigation process, both sides hire attorneys to fight through all the issues of divorce. The “discovery process’ of litigation, including depositions, motions, and hearings, is very costly. Trials involving experts and witnesses can be exorbitantly expensive. Mediation, on the other hand, uses one neutral third-party (the Mediator) to sensibly work through the issues with the clients. It is a more streamlined, cost-effective process.
2) No Stressful Court proceedings with Mediation- With divorce mediation, everything gets resolved without having to partake in the stressful court proceedings discussed above. Spousal Support, Child Support, Asset Distribution, Debt Resolution, Parenting Plans, and more will be resolved during the mediation process in a comfortable setting, either at the mediator’s office, or over Zoom.
3) Spouses control the decision making in Mediation- An attorney-mediator, like me, will identify the pertinent legal issues, and can explain the laws to their clients. However, the clients will make all their own decisions about each issue. In litigation, when the parties reach an impasse, the litigators turn to the judge to decide for the clients- leaving one party to be the “loser” and the other the “winner.”
4) Spouses co-parent better after Mediation- Instead of using lawyers to do all the talking for you, the parties in mediation communicate their needs and interests with each other as part of the process. Effective communication is critical for effective co-parenting.
5) Mediation is a voluntary process- Unlike litigation, which is a compulsory process, mediation is voluntary. In mediation, the parties choose their mediator together, and if either party ultimately decides he/she isn’t happy with the mediator, or the process, the mediation will terminate. In litigation, a dissatisfied party has little recourse if he/she isn’t happy with the process or the assigned judge.
Bottom line, it makes sense to try mediation before litigation. Take some of the money you save in lawyer’s litigation fees and treat yourself (and your kids) to a nice relaxing vacation instead. Then put the rest of the saved money away for college savings, or your retirement, or both.
Yes, I am an attorney but I’m not sure attorney and this article does not create an attorney-client relationship. This article is legal information and should not be seen as legal advice. Consult with an attorney and a financial planner regarding your situation and goals.