3 Reasons to Choose Divorce Mediation Over Litigation

Every divorce is different – some have more conflict than others – but even in tense situations, divorce mediation is often preferable to going to court. Choosing meditation does not mean you are giving up too much control to your spouse or compromising on what is fair, it is a way to complete the divorce process in the most efficient and effective way. Mediators often have backgrounds in both law and psychology to help navigate complicated dynamics and emotional conversations while minimizing conflict. Below, we take a closer look at 3 reasons you should choose divorce mediation over litigation.

3 Reasons to Choose Divorce Mediation Over Litigation

Have More Control Over Your Case and Emotional Distress

When you hire lawyers and go to court to litigate your divorce, you surrender a great deal of control. But, with divorce mediation, you get to be involved in conversations and decisions over how to best handle your divorce and work toward a mutually agreeable outcome. And, because you are not taking an adversarial approach with an attorney, you

Save Money and Time

Getting divorced with attorneys and a judge is time consuming because yo must operate in the court’s schedule and availability. And, when conflict is high in court proceedings can take much longer which means you will spend more money and time in court than you would with divorce.

Keep Your Privacy!

When you go to court for divorce, any information involved in the case can become part of public record and/or will be heard in front of a judge and attorneys. With divorce mediation, your information remains completely confidential, is not a part of public records giving you much more privacy.

What are the stages in divorce mediation?

Most common divorce mediations involve a series of five stages. Most of them are repeated during this proceeding at various points. The primary aim is to reach an amicable agreement that is beneficial for both parties. Mediators also place special emphasis on the interests of children to ensure proper growth and development.

Introduction

During the first stage, mediators work with partners to decide the best course of action for a mediation. Mediators need background information about a situation and explain the situations that will be resolved during this process. Depending on the case, spouses will communicate the issues involved in their separation. This helps to optimize the chances of reaching an amicable agreement.

Information

Mediators should be fully informed about the facts of a case during this information gathering stage. In some situations, information gathering is done at the first stage, as some partners would be unavailable during proceedings. Mediators would also suggest getting information related to insurance policies and necessities. During this stage, mediators discuss legal rules that are related to the separation. It also includes laws related to child custody and support. They also divide assets and debts accordingly. These details will change the approach of a proceeding. Partners should also bring documents related to finances such as mortgage statements, bank, and tax returns. Make sure to do additional research and consult with a neutral expert. This information gathering stage will span multiple sessions when additional appraisals and agreements are involved.

Framing

When it comes to framing stage, mediators outline the personal reasons for a divorce. The reasons may consists of concerns, goals, values, and priorities. Mediators often refer to them as needs and interests when framing the core goal of mediation processes. They also examine the existing concerns in the divorce. It includes alimony, child support, debt division, and other important interests. Some interests will also overlap when couples are at dispute. When this overlapping occurs, it will affect the life of children. It is not always possible to negotiate agreement that satisfies all disputing parties. However, identifying and addressing interests will result in formulate better solutions. This stage may require separate sessions.

Negotiation

Once mediators resolve disputes and identified interests, they can negotiate a settlement between parties. They also explore possible solutions with the help of attorneys. Evaluating these options will narrow down the solutions that work best for everyone. The final combination of option may even include some kind of compromises on both sides. Mediators will emphasize the problems that are involved in this aspect of negotiation. This helps to find settlement solutions when the property interests collide. Through this focus, they also ensure zero-sum bargain that may gain both parties. The tentative agreement is written into reviews that is filed with the court.

-->
Do NOT follow this link or you will be banned from the site!