1. It Costs Less.
Both spouses meet with one Mediator and share the cost. In an adversarial court proceeding, each spouse generally retain their own separate attorney and each one usually requests an upfront retainer of $1,500 to $2,500 and additional fees generally follow. It has been reported that the average cost of a divorce can be over $10.000.00 for both parties. Mediation cost much less.
2. You Retain Complete Control
In Mediation, the couple determine by mutual agreement what the terms of the divorce will be. In an adversarial court proceeding the judge makes the decisions.
3. You Receive Assistance In Preparing The Documents
Many people who try to do their own divorce run into difficulty with the paperwork. A mediator can help you prepare the necessary paperwork and documents.
4. It Is Less Stressful On The Children
From the children’s standpoint, the worst part of a divorce is the conflict between the parents. Your separation is very traumatic for the children all by itself. In a court proceeding, the children are often placed in the middle. They may be required to appear at trial as a witness or participate in a private interview with the judge, or they may be required to make a decision between parents. You can reduce the trauma and set a good example, working together and making decisions as adult, and treating each other with dignity, respect and compassion.
5. Less Stress On You
You have a choice about the way your marriage ends, and your choice will significantly impact your future relationships. A mediator can help both of you communicate and focus on the future rather than prior hurts and anger which can result in an expensive court battle.
6). It Is Completely Confidential
In mediation, all discussions and tentative agreements are strictly confidential. You can safely propose alternative solutions for consideration without having them all thought out. This freedom of discussion can lead to new and unique solutions neither party previously considered.
7. It Reinforces And Builds On The Positive
In mediation, both parties are encouraged to look to the future in a positive way to find common ground for agreement. In court, each side desires to “win” and to do so they must emphasize the past in a negative manner. Each attorney will present there side of the issue in a manner that makes the other party look as bad a possible. When children are involved, future contact between the parents cannot be avoided, and all goodwill remaining between the parties should be preserved and enhanced, not damaged or destroyed.
8. Emotions Can Be Managed
Mediation allows each party to be heard and understood in a safe and courteous environment. A trained mediator can assist the parties in acknowledging their feelings without allowing these feelings to control the decision-making process.
9. You Can Still Go To Court
When you use divorce mediation, you do not give up your right to go to court. If you are not satisfied in mediation, you can discontinue the process at any time, retain a separate attorney and have the judge decide the specific issues.