How to Tell Your Spouse about the Benefits of Divorce Mediation
- Here are facts that can help you tell your spouse about the benefits of mediating instead of litigating your divorce or legal separation:
- Mediation drastically decreases the increased hostility, heightened stress and excessive costs common to using two separate lawyers and court-based legal proceedings.
- 95% of spouses who start out using separate lawyers instead of a mediator windup settling. This is because after spending many months and thousands of dollars litigating all but 5% become so emotionally and financially drained that they settle.
- Each mediating spouse is free to get additional support from an independent attorney. This is an option in mediation but not a requirement.
- Mediating spouses control all decision-making, not their separate lawyers and/or a judge.
- The best interests of children are of paramount importance in mediation, especially when the mediator has backgrounds in both law and psychology.
- Mediation is private. Court proceedings are public, conducted in the presence of strangers with the opposing lawyers and judge likely to ask unnerving questions.
- Mediation focuses on solutions not problems thereby increasing the likelihood of fair, amicable, and durable agreements.
- Mediation is personalized. It allows for creative and custom results.
- Mediating parties determine the pace and place of mediation. Court proceedings proceed at the convenience of the lawyers and judge.
- Courts continue to be overworked and underfunded, and Judges are forced to work through cases hurriedly. Mediation has no such limitations.
