What is Divorce Mediation?
Mediation is a voluntary informal process in which a mediator assists the parties in reaching a mutually acceptable conclusion. Mediation is different from litigation and arbitration because the mediator does not impose a solution but rather assists the parties to create their own resolution. The great thing about mediated agreements is that the parties are allowed to reach unique solutions tailored to specific situations that a Judge or Arbitrator would not agree with. Therefore, you have control to be both flexible and creative with the solution you reach in mediation.
However, mediation is non-binding and what you say in mediation is not confidential unless and confidentiality agreement is reached before the mediation begins.
What are the benefits of Divorce Mediation:
- Mediation is less time consuming than litigation and the divorce can be done in as little as 6 months.
- Judges have limited time to hear details of a case and may not remember all the details from your pleadings.
- Scheduling conflicts between attorneys, litigants, and the court can cause delays
- You will not be given a lot of time to testify about your case
- Outcomes are always unpredictable
- You may have to make critical decisions at the last minute to avoid undesired consequences of litigation.
No confidentiality as court files are public record.
- Litigation is costly because you have to pay your attorney for time they have to wait at court.
- Litigation is stressful.
- Courts can impose orders that can actually cause more conflict between you and your spouse.
- It is less expensive if the parties are able to reach an agreement.