Top Five Reasons to Choose Mediation Over Litigation

In modern society, the benefits of mediation are leading many couples to choose this route when divorce is on the horizon.  Often, there are financial concerns when a couple is legally separating.  The low cost of mediation can help ease the financial burden already felt by those undergoing a divorce.  Compared to a court process, the costs of mediation are much lower and more time is spent ensuring both parties reach a mutually agreeable result.  Consider these five ways mediation is superior:

 

1. Mediation costs less

With The Wall Street Journal listing the current cost of a court divorce as $27,000, or more, mediation makes financial sense for any couple.  The cost of reaching an agreement through a mediator can be lower than $4,000, especially if there are no minor children.  Essentially, one trained professional works with the couple, eliminating the need for each person to pay the full cost of an attorney.  While spouses retain their right to be represented by legal counsel, the low cost of mediation is due directly to needing fewer professionals involved.

 

2. Mediation is much faster

When processed through the legal system, a divorce can take well over a year.  Not only does this drag out an already painful process, but it also adds to the cost of the divorce.  Each time an attorney must appear in court, draw up documents or meet with a client, the overall cost increases.  Mediation seeks to resolve divorce in a matter of hours.  Normally, this is accomplished over several sessions with a trained professional.  These sessions can be scheduled for times convenient to the people involved, and there is no need to wait months between times as is traditional in a court setting.  The low cost of mediation is a direct result of the quicker, more efficient process.

 

3. Communication and respect are preserved

Emotions, tensions and negative feelings all traditionally run high in divorcing parties.  When an already tense situation is coupled with a polarizing court environment, many spouses find it hard to communicate respectfully and efficiently.  After divorce, especially when children are involved, parties will still need to correspond with one other over matters of family, finance and scheduling.  Mediation seeks to ensure that future communication is not tainted by a bitter court battle and saves parties stress during future exchanges.

 

4. Mediators are concerned with people rather than just laws

The low cost of mediation extends to the emotional sphere as individuals are treated with dignity and respect by a professional who truly cares about people.  A mediator allows both parties ample time and room for expression, all while pulling them together toward a mutually-agreeable end.  Effective mediators often have training in human relationships, psychology and the law, giving them a wealth of background to draw upon when working with clients.

 

5. Collaboration leads to better results for all parties

It’s no secret that teamwork delivers better results.  It can be hard for divorcing individuals to work together, but with the help of a mediator, collaboration is attainable.  Both parties are given all the necessary information about legal, financial and tax matters so that together they can reach an agreement with the best possible outcome.

The low cost of mediation, both financial and emotional, leads many divorcing couples to choose this route over the traditional litigated divorce.  Mediation benefits all parties in that it allows individuals to start their new, separate lives without immense legal bills.  It also preserves communication and respect between former spouses without many of the bitter feelings brought on by a lengthy court battle.  The costs of mediation pale in comparison to the benefits of a mutually acceptable agreement reached in a respectful environment.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster