Five Reasons Why You Should Choose Mediation Over Litigation


Divorce is an emotional, stressful process, especially when handled through the court system. Battles between spouses and attorneys are customary during court separations, and everyone suffers from the contention. Divorce mediation is a better solution for most couples for many reasons, including the five following:

1. Less Stress

Many find it hard to discuss the intricacies of their relationship and lives in the public court setting. Mediation offers couples a private environment, where a neutral third party facilitates discussion, rather than fostering contention. This more private setting and the lower stress levels contribute to a better outcome for the whole family, including children.

2. Lower Cost

Many couples choose divorce mediation simply for the cost savings. This method costs 40-60 percent less, on average, than a traditional court divorce. When separating, many spouses face financial difficulties, and mediation helps to ensure that the cost of the divorce does not add unduly to the monetary burden.

3. Personal Process

Discussing all the facets of divorce can be a lengthy process, especially if there are minor children involved. While courts do seek fairness, there is not time nor place to consider details that may have a great impact on the quality of individual lives after separation. During mediation, there is time to talk freely and openly about schedules, preferences and wishes for the future. This forum seeks to hear and address the concerns of both parties and find a solution that will work, rather than provide grounds for future battles.

4. Agreeable Outcome

Because both parties are involved in the compromise process during divorce mediation, they are more often satisfied with the end result. While no one should go into mediation expecting to get their way or have all their demands met, they should anticipate reaching an agreement that they feel ownership in. This often means divorcing people are more willing to work together on matters of child care, scheduling and finance following the separation, rather than regarding one another as a sworn enemy.

5. Quicker Resolution

The average court divorce proceedings take 18 months, while mediation is normally completed in 90 days. Three to five 2-hour sessions are usually required, and the length of mediation is highly dependent upon the level of communication between the divorcing parties.

Divorce mediation provides a private setting at a lower cost amidst other benefits. Separating couples often find the outcome of mediation preferable to that of a traditional court divorce.

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