Sunday, December 16, 2018

The Benefits of Mediation in Divorce Cases


December 10, 2010  

Divorce is seldom a pleasant experience. Somewhere along the line, the relationship has broken down and feelings have been hurt. There is always an emotion aspect to getting divorced that affects the whole process.

About Divorce

Some couples, even though they try to have a pleasant divorce, end up with having to battle in litigation. Which is a long and drawn-out process. When there are children involved, the whole process can be even more stressful. The parents have to consider not only their needs but also the needs of their children. Trying to figure out everything on your own can be difficult. This is where mediation can assist by offering numerous benefits to the parties involved.

Less Emotional Stress in the Divorce Process

Many studies have proven that mediation in the divorce process is a much less stressful solution to all parties involved. When a divorce goes to litigation and court appearances are involved, the battles can get very bitter. As lawyers fight for their clients, they often don’t hesitate to attack the other person’s character. Having to deal with this in a public forum can be very stressful. When children are brought into the process, it becomes even more emotional and difficult.
Avoiding litigation and working through mediation to settle the divorce agreement has real benefits on an emotional level. Children are less traumatized as they don’t have to be dragged into the foreign environment of a courtroom full of strangers. The spouses involved can discuss the terms in a less emotionally charged environment which facilitates a smoother settlement of the divorce matters.

A Less Time-Consuming Way to Divorce

Because you do not need to wait for court date in mediation, the divorce process can be wrapped up in a shorter space of time. As long as the various parties involved agree to the terms of divorce, there is no reason for any lengthy delay. Following discussions between the parties’ lawyers, a settlement and divorce agreement can be drawn up out of court. As soon as the agreement has been signed, the parties are free to go their separate ways. Because there is less time involved, it also involves cheaper lawyers’ fees.

A More Cost-Effective Divorce Option in Terms of Lawyers’ Fees

Many people joke that one of the biggest expenses of getting divorce is paying the lawyers’ fees at the end of the process. Lawyers are in a profession that generally bills according to the time spent consulting and working on a particular case. If you can reduce the amount of time spent on your divorce case, then you can also reduce the overall costs of your legal fees. Lawyers who work in the field of mediation generally promote their services as the more cost-effective option. Indeed, when you compare the costs of mediation to litigation, there is usually quite a substantial difference. If you do not have a specific reason to go to litigation on your divorce proceedings, it is recommended that you first look at mediation to settle the matter.

Greater Control over Your Future

When you choose to go to litigation, you are leaving the outcome of your divorce in the hands of the courts. Depending on how the lawyers present their cases, you could find yourself either benefiting or losing out because of how the litigation is handled. Lawyers are notorious for twisting the facts and presenting them to the court in a way that makes the other party appear poorly. What started out as a strong case can crumble if your former spouse has a shark for a lawyer.

With mediation, you have a far greater amount of control over the outcome of the divorce proceedings. The parties involved discuss and negotiate the terms of the divorce agreement. While the lawyers may make recommendations, in general it is the actual divorcing parties that decide on the outcome of the agreement. Mediation encourages positive dialogue where disputes regarding child custody and parenting techniques can be discussed in an open forum. Rather than it being a case of one party wins and the other loses, the focus is on finding an agreement that benefits both parties. Children involved can benefit from the knowledge that even though their parents are separating, their future is still secure. This can make a huge impact on their emotional well-being both during and after the divorce proceedings. Being able to settle matters in a calm way can help ensure that the children can continue to lead happy and healthy lives in the future.

Warren S. Forest, Family Law Attorney, has developed an excellent reputation for competent and ethical representation. The lawyers of Family + Law = Solutions are recognized for their integrity and professionalism.We are dedicated solely to the practice of family law. We provide strong legal representation for our client’s using skill and sensitivity.

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