DIVORCE OPTIONS
Why Mediation?
What is The Difference Between Divorce Litigation & Divorce Mediation?
Litigation
- Unknown length of time for the process, high potential for long, stressful battles over motions, depositions, subpoenas, etc. can last for 12-18 months
- Typically very costly due to the inherent inefficiencies of litigation and third party negotiations, costing over $4,000 per person)
- Couple abdicates decision-making to a lawyer or judge and loses control of the outcome and the process
- Communication between the couple is discouraged by adversarial process
- Lawyers and judges are not trained to deal with the emotional aspects of divorce
- Settlement may be imposed by a neutral judge who works for the state
- Confrontation, bitterness and hostility are often created by the adversarial legal process
- Children may be adversely affected by their parents divorce experience
- Based on "win-lose" conflict resolution strategy
Mediation
- Informal, structured sessions and planned agenda, plus established time frame for reaching agreement shortens the divorce process to about 2 - 3 months
- Mediation will cost far less because of set time frame and usually, lack of need for a trial. Most mediated divorces cost under $1,000 per person.
- Couple takes responsibility for their own decisions and equally control the process and the outcome
- Communication is the basis on which decisions and agreements are made by the couple
- Certified mediators are trained in the emotional aspects of divorce
- Couple designs their own settlement with the aide of a neutral mediator who works for them
- Cooperation and trust are developed by the nature of the mediation process
- Good relationship between parents fosters positive adjustment for their children
- Based on "win-win" conflict resolution strategy
Is Divorce Litigation The Best Option For Me?
Here are some situations where you might need divorce litigation:
- There's a history of abuse
- There's a very high level of conflict
- Substantial assets are hidden