Why Divorce Mediation: Collaboration vs Litigation
Updated: Jan 25
If you and your partner are considering filing for divorce, it's critical to understand the process and your options. You have two options to complete the Separation Agreement, which you will need to file for the divorce; either go the Litigation or the Mediation route - here are four reasons why mediation is preferable to litigation:
Mediation is much less costly than hiring a lawyer. You won’t have to pay for expensive legal fees.
Mediation is faster than going to litigating your divorce. You can often reach an agreement in just a few sessions, whereas a trial can take long months.
Mediation is confidential, whereas court proceedings are public record. Mediation is confidential, preserving your privacy during the divorce negotiations process.
Finally, mediation allows you to have control over the divorce outcome. You and your spouse will be able to negotiate an agreement that works for both of you, instead of having a judge make decisions for you.
Finding the right mediator requires a few certified providers to make sure their style and demeanor is a good fit for your personality. Ask about their approach and their process as different mediators have different processes. Once you find the right mediator for you the process will be more pleasant or at least less fraught with anxiety and frustration.
Keep in mind that each divorce is specific to the couple pursuing it; their issues and personalities. Meaning that it’s hard to predict how many sessions it will take to complete the Separation Agreement - I’ve been surprised numerous times. However, most divorce mediations take 2 to 3 sessions of active negotiation - which translates to 4 to 6 hours (each session is a 2-hour block).
To minimize the time we spend in mediation, I provide an “Issues Guide” and a “Divorce Worksheet.” The two dynamic, shared documents help the couple compile the information needed to discuss in the mediation. The more work you put in compiling the information for the documents, the faster and more efficient the sessions will be.
The divorce process is multifaceted and challenging on so many levels - mediation helps the two lay a strong foundation for their separate futures free of uncertainty or doubt. We are here to support you - schedule a 15-Minute Complimentary Consultation here: https://calendly.com/walidaj/divorce.