Key benefits of divorce by mediation:
Mediation is non-adversarial. The nature of the legal system requires the spouses to be adversaries. Many people in dispute are not adversaries and don’t want to be. Rather, they understand that problem-solving is more constructive. These people choose mediation, where areas of conflict are addressed productively and both parties must agree on solutions, or there is no agreement.
Mediation is not just for couples that already know how to cooperate. Mediators show spouses how to work together productively in spite of their anger, pain, frustration, and fears.
- Mediation is private. Interpersonal disputes are best solved privately, and most people prefer to settle their family matters within the confines of the family. During litigation, the intimate, often embarrassing details of spouses and their children’s lives are “aired out” in front of many strangers for months and even years. Choosing mediation limits such outside exposure.
- Mediation gives you control. Rather than submit to judges, court personnel, the unpredictability of the judicial system, opposing counsel and forensic experts, whose opinions and decisions can be unfavorable and force you into an undesirable lifelong predicament, mediation gives you control over decisions that affect your life.
- Mediation is less expensive. The cost of mediation, including the cost of Review Attorneys, is far less than the cost of litigation. Fees are moderate and on an hourly basis. We charge no retainers. You pay only for the actual time you use. We ask that you share in the fees in a way that is appropriate to your situation, remembering that the mediator is working for both of you.
- The modest and easily quantifiable cost of mediation is in stark contrast to the often exorbitant and near bankrupting costs of litigation that have no ceiling (divorce attorneys commonly file liens against the couple’s home to recoup legal fees). In litigation, you must pay a retainer and the costs of process servers, pleadings, motions, hearings, depositions, telephone conversations with your attorney, time your attorney spends talking to opposing counsel and just waiting in court (often up to 3-4 hours, as the courts are heavily congested and backlogged), etc. Mediation involves none of the needless waiting, corresponding, and motion practice, and as such, its cost is significantly lower and contained.
- Mediation is faster. Sessions are usually scheduled a week or two apart. While it can take as little as 2 hours, an agreement is generally reached in 6-12 hours. Mediation takes less time, so you can move ahead with your life.
- Mediation is better for your children. Most other forms of divorce negotiations forget the best interests of the children. In mediation, it is always paramount. In mediation, children are not harmed by a long, expensive, hateful court battle.
- Mediation encourages discussions which recognize that you are both parents of your children and will continue to be parents after you have ended your spouse relationship.
All cases can be mediated, including but not limited to separation, divorce, post-judgment issues, parenting agreements, prenuptial & postnuptial agreements.
