Settlement Agreement
In litigation, divorcing parties are often left with agreements that do not serve their needs and seem unfair to one of them, as many decisions are forced upon them by their lawyers.
As a result, agreements are often sabotaged and not carried out.
Mediation helps a divorcing couple to resolve issues and find practical, fair solutions that work for both of them.
Research shows that such agreements are usually fulfilled and couples in general feel in control of their own lives.
Relationships
The emotional chaos the couple ends up in after a litigated divorce may take a huge toll on their healing process.
Years of therapy will not always resolve all the issues and might not let you “turn this page” to move on with your life. According to statistics, bitter divorce is a fertile ground for failing new relationships.
Anger and frustration do not let people realize what went wrong. Thus, they are not shielded from making the same mistakes again.
Mediation process teaches people in divorce to be in control and express their feelings openly. It helps separate emotions from real issues, overcome the anger and see beyond it. Thus, everyone benefits and deals with problems constructively.
Mediation helps to put lives back on track. Couples, who mediate their divorces, have much better chance in succeeding with their new relationships.
Children of Divorce
Divorce battles tremendously affect lives of the children.
Their emotional scars may last a lifetime.
Their chances to overcome stress created by a divorce are slim. Parenting schedule and child support are difficult to enforce and are impossible to change without appealing to a court.
As a result, in litigated divorces, child support continues to be a battleground even after the divorce is finalized, and frequently the visiting parents see their children no more than once a month.
Mediation helps to restore equilibrium within the family. Therefore, children are in a much better position to overcome the devastation of divorce and return to their every day life activities. Parenting schedule and child support can be altered without court involvement. All issues are discussed and may be changed according to the children’s needs. Therefore, agreements are usually honored by the divorced parties.
Time and Money
Adversarial divorce usually takes a year or more to complete, depending on how complicated the issues are.
The cost of litigated divorce can be enormously high. It runs from at least $10,000 up to $80,000 or even higher.
Mediation process resolves the issues within a few months, even though issues are just as complicated and relationships are strained.
The amount divorcing couples spend on mediation would vary depending on complexity of each case. However, it rarely exceeds $6,000.
Confidentiality
Litigated divorces are not overly concerned with confidentiality. Sensitive issues are not handled delicately either, and whatever dignity is left, is broken with litigation.
In the beginning of a process, a trained family mediator in good standards shall present a couple with a contract. According to the Divorce Mediator’s Code of Ethics, confidentiality is one of the important issues that is preserved as long as it is not life threatening to both parties and to others.
