Mediation, also known as Alternative Dispute Resolution (ADR), is commonly used in divorces when couples agree on most things or are willing to compromise and desire a speedy and low-cost dissolution of marriage. While this sounds like the perfect scenario when it comes to divorce, it’s not necessarily for everyone. Find out now if you should mediate or litigate your divorce.
Pros of Mediation
There are many benefits to mediating a divorce, including but not limited to:
- A lower cost divorce. Mediation allows you to resolve the various issues of your divorce in a neutral setting outside of court, which typically costs less than litigation.
- A shorter divorce. When couples can reach compromises about important issues like child custody, visitation, property division, and more through mediation, a divorce tends to progress faster than if every aspect of the separation is litigated.
- Less stress on everyone involved. The goal of mediation is to meet in a neutral way and reach decisions calmly and efficiently. This creates less stress for both spouses, and for the children involved.
Cons of Mediation
Mediation isn’t a perfect system by any means. Some caveats to this style of dispute resolution include but are not limited to:
- If you disagree on anything, it moves into litigation. During a mediation, you and your ex-spouse must reach an agreement on each matter of the divorce. If you can’t agree or compromise, you’ll have to move forward into litigation.
- Mediation may not be right for you if you stand to gain a lot financially from the divorce. In certain high net worth divorces, one spouse may stand to gain more assets through litigation than mediation. If you could gain a lot of property or liquid assets through litigation, the extra legal costs and time may be worth it.
When to Contact a Divorce Attorney
Few things are more stressful than a divorce and many couples are exhausted and emotionally drained by the time they even reach the point where they realize a divorce is imminent. Moving forward into the actual divorce proceedings can seem like an insurmountable obstacle.
However, by working closely with a seasoned family law attorney, you can receive the guidance and legal advocacy you need to come through the divorce successfully. Contact the Monahan Law Firm today for a consultation by calling