A divorce can be an excruciating process. If couples want to fight it out through divorce litigation, the damage caused by this long-drawn-out process can be devastating emotionally and financially to all parties. Fortunately, for couples who want to serve their mutual interests, there is a viable alternative for them to resolve conflicts involved in a divorce. This alternative is divorce mediation. Though divorce mediation is not applicable in all cases, this can be recommended in cases where couples want to keep matters surrounding their divorce (click here) private. Moreover, in some courts, the judge may rule that couples go through divorce mediation before resorting to divorce litigation.
What are the Merits of Divorce Mediation over Divorce Litigation?
Divorce meditation presents couples with several advantages over divorce litigation. Divorce mediation is an effective conflict resolution procedure presided over by a neutral third-party expert in family law who creates the ideal conditions to facilitate the effective presentation of cases among contending parties. Aside from the smoother flow of conflict resolution, here are the merits of divorce mediation over litigation:
1. Divorce Mediation is more Affordable than Divorce Litigation.
The upfront cost of divorce litigation can reach $50,000 for each person involved in the case. Aside from attorney costs, couples will need to spend on transportation and overhead. If they require private investigators to help furnish evidence, for instance, the price parties pay to finance divorce litigation can be financially devastating to one or both parties. Because the divorce litigation process may be long-drawn-out, the cost can compound to unreasonable levels. On the other hand, in the case of divorce mediation, the initial cash outlay is much lower.
Moreover, the cost can be shared by the couple. Since the divorce mediation process is faster, the overhead costs may be much lower. There are also other avenues for divorce mediation that courts suggest, which are typically less expensive than private divorce mediators.
2. In Divorce Mediation, the Focus is On The Couple's Mutual Interests
The atmosphere in divorce mediation is non-adversarial, which makes the mutual interest of couples take center stage. The job of a divorce mediator is to re-frame the situation to enable parties to see the other side's argument clearly, paving the way to an amicable way to settle conflicts. As divorce can be highly-charged and emotional, the conditions created by astute divorce mediators ensure that the pain is minimized, especially for children.
3. Couples Control the Outcome of Divorce Mediation
In divorce litigation, each party's judge or attorney controls the case's outcome. On the other hand, couples are provided with ideal conditions to resolve the conflicts involved in divorce among themselves. As an expert in mediating conflicts, the divorce mediator ensures that both sides present their cases clearly in a way that the other party understands.
4. Divorce Mediation Helps Protect Confidentiality
In divorce litigation, all information may be made public. Moreover, both parties may have to divulge private information, especially during cross-examination by the other party's attorney. Because the divorce litigation process is longer, the private information shared during the proceedings will linger on and may affect all parties emotionally. On the other hand, the information shared during divorce mediation may not leave the four walls of the session area. Couples can resolve matters discreetly while being presided over by a mediator whose best interest is to ensure a smooth conflict-resolution process.
5. Divorce Mediation is Faster
As mentioned previously, divorce litigation can be long-drawn-out. Moreover, all parties involved must agree to court times, which may only be convenient for some parties. In the case of divorce litigation, it may take several court dates before conflicts can be resolved, which may take months, if not years. Though the duration to resolve disputes still depends on the couple, it may take a few sessions to resolve disputes in divorce mediation. Because of the faster process of resolving conflicts, couples and children can rebuild their lives sooner.
Conclusion: For a Less Stressful Way to Resolve Conflicts in a Divorce, Mediation Presents a Viable Alternative
Though divorce mediation does not apply to all cases, it is a viable alternative for couples who want to keep their matters private. With judges sometimes offering mediation as an option in many divorce cases, its many advantages make it viable for couples who also want to serve their mutual interests, especially if they want to rebuild their lives sooner. Moreover, the cost of divorce litigation can be financially devastating.