Divorce mediation can be a good option for a couple seeking to escape the stress of an acrimonious divorce, but is it always successful and is mediation better than going to court?
Mediation can be helpful in many different ways, whether that is to bring two parties to a fair financial agreement, or to help them resolve child custody and care issues. However, many divorcing spouses aren’t aware of exactly what they should be expecting from a divorce mediator, this article aims to outline why mediation is better than going to court.
1. Mediation Is Usually Cheaper, Quicker And Less Stressful Than Going To Court; Divorce mediation is a less expensive way to resolve a divorce than going to court because there are no attorney fees involved. If the parties choose to hire attorneys, they will have to pay their own legal fees, which can be very expensive in some provinces.
In addition, mediation takes less time than litigation (court). In mediation, the parties meet with a mediator who helps them reach an agreement on all issues related to their divorce. In contrast, litigation usually involves many court appearances and pretrial hearings before trial begins. Also, if your case goes to trial, you may have to wait months or even years before the judge makes a final decision about custody rights and child support obligations.
2. Spouses Can Retain Decision-Making Control In Mediation, But Lose It In Court; In divorce mediation, spouses retain control over their own negotiations, whereas in court they must accept whatever terms the judge imposes on them. Mediation allows spouses to decide what issues they want to negotiate about, how they want those issues resolved and how much time they want to spend negotiating each issue before moving on to another one. This is called “joint decision making” because both spouses have a say in every aspect of their divorce case as well as finalizing their agreement with each other at the end of their divorce proceedings.
3. A Neutral Mediator Will Present Both Sides Of An Issue; A neutral divorce mediator, who has no stake in the outcome, helps the parties reach an agreement that is satisfactory to both sides. Mediation can be used to resolve disputes arising from divorce, child custody and visitation, child support, and spousal maintenance issues.
In mediation, the parties are able to present their cases without having to worry about being attacked by opposing counsel or being subjected to cross-examination by a judge or jury. A neutral mediator will present both sides of an issue, allowing all of the facts and circumstances to be considered in order to reach an agreement that meets all parties’ needs.
4. The Parties Can Pursue Creative Solutions In Mediation; The parties can pursue creative solutions in mediation because they are not restricted by court rules or by attorneys’ advice. The mediator helps the parties think outside the box and come up with creative solutions that address their needs.
5. If Available, Mediation Is A Good Way To Resolve Marital Disputes; If available, mediation is a good way to resolve marital disputes. Some couples prefer mediation because they think it will help them resolve issues quickly and easily without having to spend time in court or hiring attorneys that charge high fees. Mediation enables them to discuss their problems openly without having to worry about being judged by anyone else present at the meeting or having their privacy compromised if they reveal too much information about themselves or their families during discussions.
In the end, mediation can help parties of a divorce case reach an agreement with less stress and reduced conflict. Parties are able to keep control of the outcome of their divorce, and don’t need to rely on a judge for their agreement. But it’s not for everyone. Mediation should be well thought out and used only when both parties are willing participants and they are well informed on what they can expect from the process.
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