Mediation is a different path to divorce that few couples have considered or understand. Instead of having a Judge make binding decisions in a drawn-out litigation process, mediation allows both sides to discuss their issues and concerns, while hashing out an agreement that is more equitable to each person and to their children. That is why mediation is becoming the preferred method to resolve divorce disputes.
Many people think that divorce is only about the law. But it is much more than that. Often it is about the pain and hurt one party feels or even wants to inflict upon the other; and it’s about fear – fear of what will happen to you and your children, fear of financial upheaval, fear of what a Judge will decide, and fear of a future life that is markedly different than anything else you’ve ever known. Many couples who chose mediation find it preferable to a litigated divorce proceeding in front of a Judge.
Divorce mediation has its advantages.
The mediation process is less adversarial, easier, faster, and less expensive than litigation, while giving you more control over the divorce outcome. Most importantly, mediation allows you more participation in the outcome of your divorce settlement. When working with a divorce mediator, you will have the opportunity to negotiate property, child support and parenting issues, spousal support, business valuations and assets and debts, and design an agreement that works best for you and your children.
The difference between a Judge’s decision and a mediated compromise can indeed be quite different. That is because a divorce mediator provides a guiding hand to help a divorcing couple get to a place where they themselves can make the hard decisions that will shape their future lives. And unlike a Judge in court whose caseload may include hundreds of divorces at a time, a mediator can spend all the time his or her clients need to decide what they want out of the divorce and how they both intend to achieve that end.
A Judge cannot have as intimate an understanding of the uniqueness of your life, your children’s needs, and your histories as you do. Working with a divorce mediator, you have a much greater ability to manage the process (and reduce your fear) than you do in litigation, where you and your expectations are at the mercy of the system.
Divorce mediation can cost less.
Cost savings are another reason why choosing divorce mediation can be a highly preferable option to litigating your divorce in a courtroom. Bringing a divorce to trial takes a long time and can be incredibly expensive when you take into consideration all the legal work and preparation that must be gathered and organized to mount an effective argument on your behalf. There are exhibits to be identified and marked, witnesses to be prepared, trial binders to be assembled, and legal briefs to be written.
While litigation is at times unavoidable, it is always preferable to resolve matters as amicably as possible. For this reason, mediation is an effective tool that can help a divorcing couple resolve their matters with less bitterness and hurt, while exercising more control over their lives. And in the end, mediation can be more emotionally satisfying, much less costly, and certainly less stressful and time-consuming than waiting for a Judge to decide your fate.
Is divorce mediation the right call for you?
At Skoloff & Wolfe, our family law attorneys have vast experience representing clients through divorce whether utilizing mediation, arbitration, or litigation. To learn more, call Skoloff & Wolfe to speak with a family law attorney at (973) 992-0900.