How Mediation Can Help You Avoid Divorce Litigation

 Posted on May 08, 2018 in Mediation

Going through a divorce can be one of the most stressful things a person ever endures. According to the American Institute of Stress, divorce is second only to the death of a spouse in terms of the stress it brings to a person’s life. Although some couples will simply not be able to divorce without court intervention, preventing courtroom litigation can significantly reduce the emotional and financial costs of a divorce. For couples that are able to at least partially cooperate, mediation may be the best way to end their marriage fairly and civilly.

Mediation Puts More Control in the Hands of the Spouses

If your divorce ends up in litigation, any decision you and your spouse cannot agree to will be made by the judge. Judges can make decisions regarding spousal maintenance, child support, property division, and more. Although courts will always try to be as fair as possible, often court-ordered decisions do not fully satisfy either spouse. Mediation, on the other hand, puts much more control in the hands of the spouses. With help from the mediator, spouses negotiate and come to their own conclusions about things like property division and maintenance payments. Studies have shown that when individuals have more say over these types of decisions that they are more likely to comply with the judge’s final divorce decree. This results in fewer instances of returning to court to enforce or modify the decree. 

The Cost of Mediation is Usually Much Lower Than Litigation

Divorce litigation can require a significant amount of time and money. It can include a lengthy discovery period, preliminary hearings, pretrial motions, and a trial which lasts several days. A litigated divorce can often end up taking months or even years to finalize. The mediation process is almost always a much faster and less expensive way to reach agreements about divorce issues.

Litigation is Emotionally Taxing and Can Increase Hostility Between the Spouses

A courtroom showdown can be quite stressful for both parties. Mediation avoids the courtroom and is conducted in a much more casual manner than litigation. This allows the spouses to let their guard down and feel more comfortable. During mediation, spouses will work toward solutions with guidance and help from a qualified mediator. He or she will not make decisions for you but will instead act as a neutral facilitator.

Contact a Geneva Divorce Mediation Lawyer

Mediation is an alternative way to resolve disputes between you and your soon-to-be-ex-spouse which is much less expensive and time-consuming than litigation. To speak with certified Geneva divorce mediator, call 630-232-9700 today.

Source:

http://www.huffingtonpost.com/joanne-naiman/divorce-mediation-myths_b_831334.html

http://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/