Mediation dramatically reduces the time suck, creeping costs, and over-all disruption to your life—common problems with divorce litigation. Mediation increases your privacy, control over the decisions being made, and promotes positive relationships after the divorce. Here are 6 reasons litigation should be avoided, and if this option fits your family’s needs, you should strongly consider divorce mediation as an optimal option for resolving these sensitive issues.
Considerations About Divorce Litigation
Seasoned litigators know that nearly all cases eventually settle. The trouble is that it might take years for a pending case to settle, often just before, during or after trial, during the pendency of an appeal, or even during the post-judgment enforcement phase. Years may pass without satisfaction to either party.
Many matters that would be pending for years in litigation are often resolved in mediations in a limited number of appointments, sometimes in a time period as short as one month.
In litigation, substantial billing amounts are unpredictable and frequently incurred. In addition to legal fees are costs of experts, document reproduction, and the indirect costs of parties and witnesses leaving work to attend depositions, hearings or interviews with counsel.
The mediation fee, which can be split by all parties, is a small fraction of the cost of litigation fees incurred over the life of an average case.
Litigation causes disruption for the parties who must assist in discovery, attend depositions and prepare for trial. Knowledge of an impending dispute creates a sometimes overwhelming feeling of lack of resolution, emotional turmoil, and aggravation which can be unsettling to individual parties and disruptive in the home and workplace.
4. Adverse Publicity:
Matters litigated in court often find a second courtroom in the press. Information disclosed in court is open to the public forever. And public right-to-know regulations make it difficult to obtain orders to seal the records.
If you’re concerned about confidentiality you should give strong consideration to Divorce Mediation. This method lets parties confine sensitive matters to the bargaining table. Plus, the private nature of the process itself, encourages the parties to explore the contours of their dispute, their strengths and weaknesses,their interests and their options for resolving the dispute—with a candor and depth that could never emerge in a court context.
5. Relationship Loss:
Litigation enhances adverse postures. No one likes getting sued. Once the die is cast, the parties’ counsel strive to gather facts designed to show the strengths of their side and the weaknesses of the other. This is never a formula for mending fences.
With the guidance of a professional in dispute resolution, modelling active listening skills, parties are encouraged to communicate in more effective ways. This diffuses tensions and misunderstandings that typically impede negotiations; and in permitting a more free, clearer expression, parties find more satisfaction in being heard. Communication skills and insights learned through the mediation process last well beyond the resolution of a single dispute.
6. Lack of Control:
Judges apply set rules, which determine the outcome of cases. This determination might not consider all factors the parties to the litigation value most, and conversely, might be driven by systematic concerns of no direct importance to the parties. Moreover, the relief the parties most desire — to be understood, to strengthen a relationship’s foundation before starting over, to do what’s best for the children, to be forgiven, to create a structured settlement — might not be available in court.
Mediation allows for more tailored resolutions, permitting parties to fashion remedies designed to fit the unique needs, values, and circumstances of the parties. This structure of problem resolution permits “win/win” solutions. A variety of resolutions are available in mediation that may not even be an optional judgment through trial.
Contact a Certified Trained Family Divorce Mediator NOW!
Mediation is a more speedy, less expensive route to tailored resolutions, through a confidential process, designed to enhance communications and improve relationships. It’s no wonder that so many couples are choosing this method as an ideal option for dissolution of their marriage.
If you have questions or concerns about Divorce Mediation, call Colleen McNamee, an expert mediator today and get your questions answered right away. We’ll be happy to point you in a direction that fits your needs and helps solve your situation.