Advantages of Mediation
Mediation is different than litigation in many important ways. Some of the advantages of mediation include:
Mediation is generally much less expensive than each party hiring their own divorce attorney to litigate the case or to negotiate a settlement agreement. Instead of each party paying their own attorney, both parties share the cost of the mediator.
Mediation is scheduled according to the needs of the participants, not the court’s very congested calendar. This can reduce strain on the family caused by the prolonged nature of legal proceedings and uncertainty about the future. Additionally, the number of hours spent in mediation is often significantly less than those spent litigating a divorce.
Mediation protects the parties from the trauma of a contested court case, promoting communication, cooperation and consideration of the needs of both participants. It allows for the preservation of the good that remains in the relationship and fosters an environment conducive to understanding. This allows for the type of resolution and closure that is frequently impossible to achieve in family court.
Healthier for children
Research indicates that the single most influential factor in how children fare after divorce is the amount of conflict to which they are exposed. Mediation supports and encourages parents to develop a successful co-parenting relationship and workable parenting plans, minimizing the adverse impact of the difficult transition to a new family structure.
Control and satisfaction
Participants are in full control of the decision-making process, and can craft creative, flexible and custom-tailored agreements that meet their unique needs. Mediation capitalizes on the parties’ strengths and expertise rather than relying on a judge to determine what is fair or appropriate.
Mediated agreements are reached privately, reducing the need for parties to file adversarial pleadings in the court’s public files, or make allegations against each other in a courtroom. Sensitive and complex financial issues can be discussed openly in mediation, reducing the need for their disclosure in a public forum.