Divorce Mediation Should Be First Choice for ALL Couples
I know, I know...I can already hear the backlash from the vast majority of "Black Hat" Divorce Lawyers however, I firmly believe that Divorce Mediation Should Be First Choice for ALL Couples and here's why.
- Mediation Reduces Tension-Separation and divorce are among the most painful and disruptive events that an individual and family can experience. Mediation emphasizes cooperative problem solving and addressing the needs of all involved. A mediator can minimize side arguments and avoid the adversarial positioning between attorneys, while concentrating everyone’s efforts towards a mutually satisfactory conclusion.
- Mediation is less costly. Lengthy divorce battles and trials have led to the financial ruin of many families. In mediation, you are not paying an attorney for costly drafting of motion papers or to drive to and from court (and read the paper or chit-chat with their friends on your dime). You and your spouse will typically pay one professional who is dedicated to helping you both reach a resolution. Divorcing families already have enough financial strain. Think of it this way...Would you rather pay for your child’s college education, or your lawyer’s child.
- In mediation, you control the discussion and the outcome. You choose the topics that you want to discuss and you have final say over the terms of your agreement. In court battled divorces, decisions are made by overworked and understaffed judges who do not have the time or opportunity to get to know each family and by necessity, must speak to the lawyers more than the people actually going through the divorce.
- In mediation, there is greater confidentiality. Meetings are private and at your mediator’s office (or via Skype or conference call). Additionally, all communication, documents and work notes are privileged and confidential. In court battled cases, you argue your case in a public courtroom in a room full of strangers (judge, officers and court employees as well as other attorneys and people in your community)
- Mediation allows for better relationships after divorce. Mediation seeks to improve parties’ understanding of each other and their ability to communicate. Emerging from a divorce with the ability to communicate effectively and with respect is especially important when kid's are involved (Soccer games, HS Graduations, Weddings, etc)
#Divorce #Mediation #CDFA #DivorceCoach
Owner, Attorney Mediator at Finding Common Ground Mediation & Law Services?
7 年I absolutely agree with every point you make, well said!
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7 年With respect, mediation is not appropriate in situations where there has been domestic violence or emotional abuse perpetrated by one party on the other during the marriage. The power differential between the parties is too great for any 'agreements' made in mediation to be considered as free and voluntary. Just my two cents' worth as a former family law attorney. You, of course, are entitled to your opinion.