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Why Mediate Your Divorce? 5 Key Benefits Compared to Litigation

Posted by Ahluwalia Law Professional Corporation | Apr 20, 2018 | 0 Comments

Although divorce has the potential to be a long, bitter, and costly undertaking, litigation is no longer the default method of settling matters like property division, child custody and support, and spousal support. Mediation allows you and your spouse to work with a professional mediator to come to a mutually acceptable agreement on these important issues.

What is Mediation? How does it work?

Mediated divorces begin with an introductory meeting between you, your spouse, and the mediator.  A mediator is neutral. He does not have any interest in the outcome. Usually, a mediator is a retired judge, commissioner or an experienced attorney in the relevant field. If you are represented by attorneys, they may also attend and participate in the process. During subsequent meetings, you and your spouse go over your options, express your needs, and come to a settlement agreement, which the mediator will draft for you both to sign. It's a simplified and highly effective divorce process that has five key benefits compared to litigation.

You Control the Outcome

With a litigated divorce, your respective attorneys speak for you in court and the final decision (which both of you have to live with) is ultimately made by a judge. When you choose divorce mediation, you make the decisions that affect your future and those of your children.

Mediation is Less Expensive

Mediation costs are substantially less than what you would spend on a litigated divorce. When proceedings are adversarial, you pay your respective attorneys an hourly rate, and the bills can skyrocket if the litigation drags out. A professional mediator represents both sides in a process that is entirely in your hands.

Mediation Saves Time

Studies suggest that couples who mediate their divorce come to an agreement much more quickly, often saving months in resolution time. This is because you decide on your own timeframe and don't have to wait for attorneys and judges to coordinate their calendars. Theoretically, you and your spouse can come to an agreement in a few sessions.

Post-Divorce Relations Are More Cordial

Mediation is a collaborative process focused on solving problems and reaching an agreement, not triumphing over the ‘other side'. By working together to set the terms of your divorce, you and your spouse cultivate a cooperative attitude that will make you better co-parents. Seeing their parents interact without fighting makes it a lot easier for children to adjust to their new circumstances.

Mediation is Confidential and Private

Litigated divorce becomes part of the public record. Anyone who has a mind to do so can research your case and discover who received what as well as your children's names and any negative things you and your spouse had to say about each other. With mediation, the conditions of the divorce remain confidential and private.

Even the most amicable divorces can be painful, but when you opt for mediation over litigation, you preserve important family relationships and can leave the marriage with more of the assets and financial resources you need to start over.

For assistance in mediating your own divorce, contact Ahluwalia Law P.C. today. Attorney Madan Ahluwalia has years of committed experience in the mediation process and will be glad to help you end your marriage on the most amicable terms possible.

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