Many clients ask why they should choose a mediated divorce or separation process, instead of a lengthy courtroom battle?
Divorce or separation is a difficult and emotional process that can leave both parties feeling stressed, overwhelmed, and uncertain about the future. While traditional courtroom litigation can be a popular choice for resolving disputes, many couples are now turning to mediation for separation and divorce as an alternative method for dealing with divorce or separation.
Mediation is a process where a neutral third party helps couples negotiate and come to agreements about all aspects of their separation. Here are some of the advantages of using mediation:
1. Cost-effective
Mediation can be significantly less expensive than traditional courtroom litigation. Instead of hiring two lawyers to represent each party, one mediator is hired to facilitate the negotiations. The mediation process is also considerably less time-consuming than courtroom litigation, which can significantly reduce the costs.
2. Faster resolution
Mediation can often be resolved in a much shorter timeframe than traditional courtroom litigation. This is because the process is more streamlined and focuses on finding solutions rather than engaging in lengthy courtroom battles for each and every issue.
3. Confidentiality
Mediation is a confidential process, which means that discussions and agreements made during mediation cannot be used against either party as evidence in court. This can be particularly important for couples who want to keep their personal lives private.
4. Control over the outcome
In mediation, both parties have control over the outcome. They get to decide how to divide assets, create parenting plans, and other important issues. In traditional courtroom litigation, the judge has the final say, leaving both parties feeling like they have no control over their own lives. And, frequently, neither party is satisfied with the Judge imposed outcome.
5. Better co-parenting relationships
Mediation can help couples create a parenting plan that works for both parties. This can lead to a better co-parenting relationship and a more stable environment for the children.
6. Reduced stress and conflict
Mediation is a much less confrontational and adversarial process than traditional courtroom litigation. This significantly reduces the stress, conflict, and toxicity between both parties, making it much easier to communicate with each other when necessary, (regarding children, etc.), and move on with their lives.
In conclusion, mediation for separation and divorce can be a useful alternative to traditional courtroom litigation for couples who want to separate and obtain a divorce quickly and efficiently. It can save a significant amount of time and money, reduce stress and conflict between the parties, all while giving both parties much more control over the outcome.
If you are considering divorce or separation, it is worth exploring mediation with our professional accredited family law mediators.