Divorce Mediation offers important benefits to a couple going through the process of a divorce that can make the experience significantly less painful. Below is a comparison, highlighting the benefits that Divorce Mediation offers over traditional Divorce Law.
Divorce Mediation is not for everyone. It requires reasonable relations between the parties and a cooperative spirit to work out a settlement for the betterment of everyone, especially if children are involved.
Divorce Law vs. Divorce Mediation – A Comparison
|Divorce Law||Divorce Mediation|
|Cost||Retainer: $3,000 – $5,000 per spouse||$1,000 – $3,000|
|Processing Time||Indeterminate||Normally 3 – 5 Sessions|
|Fairness||Adversarial||Greater likelihood of a fair settlement (parties determine terms, which are reviewed by an experienced mediator who is not representing either side, and can help the parties to overcome obstacles to equitable terms)|
|Effect on Children||Possible significant emotional damage||Minimal impact (due to the fostering of a cooperative atmosphere between parents)|
|Position vs. Other Party||Adversarial (Potentially)||Amicable. The terms of the Agreement are crafted jointly.|
What are the benefits of Divorce Mediation?
Divorce Mediation can be used in many areas of family law: for settlement of divorce, separation, custody, support, and modification of Agreements.
Divorce Mediation is available any time that both parties are willing to engage in the process, even if they are already involved in a contested court case.
Divorce Mediation is less expensive than going to court.
Divorce Mediation is efficient. Agreements are usually reached much faster than in the court process. The participants may meet for 3 – 5 sessions.
Divorce Mediation is responsive to urgent needs, such as support and custody arrangements. Temporary settlements can be made while the parties develop final agreements.
Divorce Mediation is confidential.
Divorce Mediation is voluntary.
Divorce Mediation is effective because settlements based on mutual satisfaction and voluntary agreement will, more likely, be honored by the parties.
Divorce Mediation is especially useful to parents facing separation or divorce, who need to maintain a positive working relationship.
Why Choose Divorce Mediation?
Conventional divorce is a lengthy, time-consuming process. Financial and emotional costs are high for both parties.
Divorce Mediation saves both time and money. There are no large legal fees, and it eliminates unnecessary suffering by promoting cooperative problem solving.
By selecting Mediation, individuals in a dissolving marriage are choosing to take charge of their lives by maintaining their sense of dignity and self-esteem. They are saying that they prefer to end their marriage in a cooperative, forward-thinking way, which minimizes the anger often associated with divorce.
Why Does Divorce Mediation Work?
A skilled and experienced Mediator is able to create a safe place and a cooperative environment, which encourages open and honest discussion. The Mediator’s role is to be impartial, identifying issues, exploring underlying interests, and balancing power.
The Mediator is neutral, does not represent either party, and does not make decisions. Mediators are trained to listen and help both parties stay focused on the task at hand. They encourage the couple to search for solutions, and support them to make their own decisions.
How does Divorce Mediation Work?
The Mediation sessions are used to help you arrive at decisions concerning:
- Custody and Visitation
- Division of Marital Property
- Child Support
- Spousal Support
In Mediation, the couple proceeds through a series of steps.
You can schedule a 30-minute, free, informal session. Or, if the parties have already agreed upon Mediation, then just call and schedule the initial session.
You are informed of the Mediator’s strict neutrality and the confidentiality of any information disclosed during Mediation/Settlement sessions.
During the course of Mediation, you are encouraged to discuss all issues, and explore various alternative solutions.
The Mediation process culminates in the preparation of a Marital Separation Agreement, which details the specifics of your mutually agreed decisions.