Divorce litigation is the resort of couples who wants to fight out what they think is right for them after a divorce. However, not all divorce cases have couples who want to take the adversarial approach to resolve conflicts. Many of them like a peaceful setting that serves their mutual best interests. Many couples have children they want to shield from the devastating effects of a divorce (click here ). Fortunately, there are viable alternatives that can help them resolve conflicts without having to go through divorce litigation. This is divorce mediation.
What are the Advantages of Divorce Mediation? Divorce mediation is presided over by a neutral third-party expert in family law. They may be an attorney, a social worker, or even both. They help couples resolve conflicts that arise in their divorce case amicably. Unlike in a divorce litigation setting, the third party involved, the mediator, seeks to ensure that the couples resolve the conflict themselves. Aside from being a more straightforward way to settle disputes in a divorce, here are more advantages provided by divorce mediation: 1. Divorce Mediation Is More Affordable Than Divorce Litigation The upfront cost of divorce litigation alone can be prohibitive. Attorney costs, upfront, may cost up to $50,000 per person. Moreover, financing a long-drawn-out divorce litigation entails spending on logistics and overhead, especially if parties choose to employ private investigators to help them collect evidence to support their case. In the case of divorce mediation, the cost upfront is much lower. Moreover, couples can share the initial costs of divorce mediation. Because divorce mediation is faster, it costs less to finance sessions until a settlement is reached. The court may suggest court-appointed divorce mediation, which typically costs lower. 2. In Divorce Mediation, the Couple's Mutual Interests Is The Most Important A divorce mediator's job is to re-frame the situation such that parties will see the other side's case more clearly. They create a non-adversarial condition such that the couple's mutual interests are shared. These conditions are ideal precisely when children are involved in the case. In mediation, the objective is cooperation, enabling all parties to move on better than in a long-drawn-out divorce litigation. 3. In Divorce Mediation, It Is The Couples Who Determine The Outcome The judge and the parties' attorneys determine the outcome in divorce litigation. In the case of divorce mediation, the mediator creates the conditions where the couple can settle conflicts between themselves, thereby leaving them the initiative to determine how the settlement will be rather than leaving the matter to complete strangers. 4. In Divorce Mediation, the Confidentiality of the Divorce is Protected All information may be available publicly in divorce litigation, especially when parties are cross-examined. On the other hand, in divorce mediation, the information doesn't need to leave the session room. Every detail of the divorce can be shared only by the couple, which mitigates the undue stress of making sensitive matters available to the public. 5. Divorce Mediation is a Faster Process In divorce litigation, court dates will need to be set. Moreover, a settlement is not typically reached within two or three court dates. If parties want to fight it out, the divorce litigation process may take months, or even years, to settle. Though the duration of conflict settlement in divorce still depends on the couple, it typically takes a few sessions before a settlement is reached, especially if couples want to avoid an adversarial approach in resolving their differences. Conclusion: Divorce Mediation is a Viable Alternative for Couples Who Wants To Serve Mutual Interests In conclusion here are the distinctions between divorce mediation and litigation . Divorce mediation is all about cooperation. Mediation is a viable alternative for couples who want to keep their matters private and serve their mutual interests, especially if they're to spare the children from the devastating effects of divorce. Moreover, divorce mediation is more affordable and faster, which will help couples move on from a divorce and rebuild their lives.
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