The Choice Between Divorce Mediation or Litigation

12-27-2012 8-04-56 PMMany times, when people discuss the differences between litigation and mediation in the realm of divorce, the main issue that they dwell upon is the much higher cost of litigation.

The truth of the matter is that divorce is so prevalent in our society today that very few people do not have a story about friends who have gotten divorced and have each paid their respective attorneys upwards of $10,000 or $15,000 or more to do so.  With the average cost of a mediated divorce being just a fraction of that, it is easy to see why that factor tends to catch people’s attention.  But, in the realm of family law, especially divorce, there are many other “costs” of litigating rather than mediating, which are overlooked.

Divorce is both a legal process and a family process. It has been stated often that the emotional forces that are bound to the dissolution of a marriage and a family argue for more-delicate measures than the  traditional court proceeding.  Mediation can be used to educate both parties about their needs now and into the future. Mediation can often help parties see payments for child support or alimony as less of an obligation and more of a family need.

Mediation further facilitates the understanding that, as long as the two people are parents to their children, they will need to cooperate to help see that their children remain emotionally healthy rather than traumatized during the divorce and after.

Unlike the process of adjudication which takes place at the courthouse, the emphasis is not on which party is right or wrong or who wins or loses. The emphasis in mediation is on establishing a workable solution that will best meet the needs of the family as a whole.

The court system is ill equipped to deal with the enforcement of the often- fragile interpersonal relationships between family members that will continue long after the divorce is final. Once the court becomes involved in these issues, it often will be needed again and again to provide added support or enforcement, rather than allowing the families to enforce themselves and their agreements.

Divorce is always one of life’s greatest challenges even for those who are wise enough to pursue mediation. However, there is no doubt that mediation will significantly reduce the financial and emotional impact of divorce.

© Alpha Resource Center, LLC

About Nickey

Personal Touch Concierge Service is a multi-virtual assistance company that assists businesses and entrepreneurs with the day-to-day operation of their businesses, social media strategy and management, bookkeeping, and website design and maintenance. With over 25 years' experience in the legal and corporate fields, there is virtually nothing we can't accomplish for you. Transcription, word processing, proofreading, administrative duties, scheduling, research, keyword research and implementation, website content writing, email management, event planning - we can assist you with all the tasks you don't have time to do yourself. Because your time is valuable and you have your business to run!
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