Mediation is often underrated compared to litigation when couples are in the middle of dissolution of marriage. Certainly, there are many situations where pursuing litigation is necessary. However, if both spouses are hoping to proceed with their case amicably, mediation should be an option and is often required by the Court. Many couples experiencing divorce may not be aware of the benefits of mediation.
Our Family Law attorneys at The Marks Law Firm are advocates for our clients and their children and we support mediation wherever possible.
Mediation is encouraged for the following reasons:
In general, mediation costs vary depending on the rates of the mediator as well as the length of the mediation, but in almost all cases, the total fees charged are less than the cost of a Trial, not to mention, the emotional toll that comes along with litigation. Consequently, it is important to consider how much your peace of mind is worth.
2. Influence of Outcome:
Rather than depending on a Judge and his or her ruling in order to determine the resolution of your case, mediation provides each party with the opportunity to come up with possible solutions throughout that are more flexible than a judge is permitted to order. Parties are directly involved with decision making and can come up with out of the box solutions.
3. Welcoming of Pro Se Parties:
Even if you are not in the financial position to retain an attorney, you can still move forward with a divorce while consulting a mediator, who handles mediation where the parties are unrepresented.
4. Mediators are Expected to be Impartial:
While you may not anticipate every aspect of your case to be resolved without some conflict, your mediator will focus on helping the parties reach an amicable resolution. He or she does not choose sides.
Going to Trial in the process of finalizing your divorce means you are now subject to the Court’s availability, dictates and schedule. Choosing mediation gives you more control over how long it takes to reach a resolution of your case.