Divorce

How Mediation Can Help

Table of Contents
1. Get results faster
2. Save money
3. Communicate better
4. Focus on Interests instead of Positions
5. Confidential
6. Control
7. Preserve relationships

Divorce can be a lengthy, expensive, stressful, and emotional process for all involved, but it doesn’t have to be. Mediation is a way to help couples find peace and resolution during this difficult time, especially when children are involved. By working together and finding common ground, couples can lay the foundation for a more positive post-divorce relationship. Mediation can play a crucial role in helping divorcing couples save time and money during the divorce process, while also improving the outcome of their divorce. Here’s how: 

Get results faster: Divorce issues can be resolved faster through mediation rather than going through court. Mediation can be completed in just a few sessions, instead of waiting for multiple hearings and appearances. Mediation is often able to get faster results than traditional litigation for a few key reasons. First, mediation is a more streamlined process that can often be completed in a shorter amount of time than a full court proceeding. Second, because the parties are working together to find a mutually agreeable solution, there is often less back-and-forth and fewer delays than in traditional litigation. Third, mediation is often less formal than a courtroom setting, which can help move the process along more quickly and efficiently. Finally, because the parties are in control of the process and are actively working towards a resolution, they are often more motivated to reach an agreement quickly than they would be in a courtroom setting, where the timeline and outcome are largely out of their control. All these factors combined can make mediation a faster and more efficient way to resolve disputes than traditional litigation. Court cases can take from 6 months to several years to complete. Mediated cases can take just a few months to complete the entire divorce process.

Save money: With mediation, couples can avoid the need for costly litigation and reduce their legal fees. Mediation is an affordable alternative to going through court, and it can be completed with just one mediator instead of two attorneys.

Divorce with Attorneys: 

    • $3,500-$5,000 retainer (each party)
    • $10,000-$20,000 average case cost in the U.S.
    • $1,500-$3,000 court document drafting plus court filing fees

Divorce with Mediation:

    • $1,800-$2,600 for a complete mediated case (varies based on cases with children or no children)
    • $300-$1,000 court documents drafting plus court filing fees

Communicate better: Mediation encourages open and honest communication between the parties. This can lead to a better understanding of each other’s needs and perspectives, which can help resolve issues more efficiently. Consider the following ways that mediation can improve communication during the divorce process:

    • Encourages Active Listening: Mediation sessions allow both parties to actively listen to each other, which can lead to better understanding and more productive conversations. 
    • Focuses on Interests Instead of Positions: This is a big one, so keep reading! 
    • Reduces Tension: Mediation is a less adversarial process than traditional litigation, which can reduce tension and conflict between the parties. 
    • Encourages Cooperation: Mediation promotes cooperation between the parties, which can help to establish a more positive and productive relationship after divorce. 

Focus on Interests instead of Positions: Mediation encourages both parties to focus on their interests – and the best interests of their children, rather than their positions. This means that instead of taking a hard stance on a particular issue, each party is encouraged to express their underlying interests, needs, and goals. By focusing on interests, the parties can work together to find creative solutions that meet everyone’s needs, rather than simply arguing over specific demands or positions. This approach can lead to more collaborative and productive conversations, as the parties are encouraged to think creatively and work towards a mutually beneficial outcome. It can also help reduce tension and conflict, as the parties are more likely to feel heard and understood. Ultimately, focusing on interests instead of positions can be a powerful tool for finding common ground and reaching a successful resolution in mediation.

Confidential: Mediation is a confidential process, which can help protect the privacy of the parties involved. Confidentiality is a key feature of the mediation process. In mediation, the discussions and negotiations that take place are considered confidential. This means that anything that is said or done during the mediation cannot be used in court or in any other legal proceeding. Additionally, the mediator is bound by confidentiality and cannot disclose any information shared during the mediation to anyone outside of the process, unless required to do so by law. Confidentiality in mediation is important because it allows the parties to be more open and honest in their discussions, without fear that what they say will be used against them later. It also creates an environment of trust and safety, which can help facilitate productive conversations and lead to more successful outcomes. Finally, confidentiality can help protect the privacy of the parties involved, which can be especially important in sensitive family law matters like divorce. Overall, confidentiality is a key component of the mediation process, helping to create a safe and productive environment for the parties to work through their issues and find a mutually agreeable solution.

Take Control: Mediation is “client lead” where the parties take an active role in determining their needs and goals, and the mediator works to support them in those goals. Mediation allows divorcing couples to work together to find mutually beneficial solutions, giving them more control over the outcome, rather than relying on a judge to make decisions for them. The mediator is a neutral third party who is trained to facilitate communication and help the parties find common ground. However, the mediator does not have decision-making power and cannot force either party to accept a particular outcome. Ultimately, the parties are in control of the process and have the final say in the agreed-upon terms of the divorce settlement. This can be a more empowering and collaborative process than traditional litigation, as it allows both parties to have a voice in the outcome and work towards a mutually beneficial resolution.

Preserve relationships: Mediation is a process that can be helpful in preserving relationships between parties going through a divorce, particularly when there are children involved. By collaborating and finding common ground, the couple can lay a foundation for a more positive post-divorce relationship. Mediation can help reduce conflict and encourage cooperation, which can be beneficial for maintaining healthy relationships. Don’t let your divorce be a long and painful process. Consider mediation, which can save you time, money, and stress.

If you are contemplating or even started going through the divorce process, consider mediation as a way to find peace and move forward in a positive direction. Don’t let your divorce be a long and painful process. Mediation can save time, money, and reduce stress, while also preserving your relationships and paving the way for a brighter tomorrow.

Divorce

How Mediation Can Help

Table of Contents
1. Get results faster
2. Save money
3. Communicate better
4. Focus on Interests instead of Positions
5. Confidential
6. Control
7. Preserve relationships

Divorce can be a lengthy, expensive, stressful, and emotional process for all involved, but it doesn’t have to be. Mediation is a way to help couples find peace and resolution during this difficult time, especially when children are involved. By working together and finding common ground, couples can lay the foundation for a more positive post-divorce relationship. Mediation can play a crucial role in helping divorcing couples save time and money during the divorce process, while also improving the outcome of their divorce. Here’s how: 

Get results faster: Divorce issues can be resolved faster through mediation rather than going through court. Mediation can be completed in just a few sessions, instead of waiting for multiple hearings and appearances. Mediation is often able to get faster results than traditional litigation for a few key reasons. First, mediation is a more streamlined process that can often be completed in a shorter amount of time than a full court proceeding. Second, because the parties are working together to find a mutually agreeable solution, there is often less back-and-forth and fewer delays than in traditional litigation. Third, mediation is often less formal than a courtroom setting, which can help move the process along more quickly and efficiently. Finally, because the parties are in control of the process and are actively working towards a resolution, they are often more motivated to reach an agreement quickly than they would be in a courtroom setting, where the timeline and outcome are largely out of their control. All these factors combined can make mediation a faster and more efficient way to resolve disputes than traditional litigation. Court cases can take from 6 months to several years to complete. Mediated cases can take just a few months to complete the entire divorce process.

Save money: With mediation, couples can avoid the need for costly litigation and reduce their legal fees. Mediation is an affordable alternative to going through court, and it can be completed with just one mediator instead of two attorneys.

Divorce with Attorneys: 

    • $3,500-$5,000 retainer (each party)
    • $10,000-$20,000 average case cost in the U.S.
    • $1,500-$3,000 court document drafting plus court filing fees

Divorce with Mediation:

    • $1,800-$2,600 for a complete mediated case (varies based on cases with children or no children)
    • $300-$1,000 court documents drafting plus court filing fees

Communicate better: Mediation encourages open and honest communication between the parties. This can lead to a better understanding of each other’s needs and perspectives, which can help resolve issues more efficiently. Consider the following ways that mediation can improve communication during the divorce process:

    • Encourages Active Listening: Mediation sessions allow both parties to actively listen to each other, which can lead to better understanding and more productive conversations. 
    • Focuses on Interests Instead of Positions: This is a big one, so keep reading! 
    • Reduces Tension: Mediation is a less adversarial process than traditional litigation, which can reduce tension and conflict between the parties. 
    • Encourages Cooperation: Mediation promotes cooperation between the parties, which can help to establish a more positive and productive relationship after divorce. 

Focus on Interests instead of Positions: Mediation encourages both parties to focus on their interests – and the best interests of their children, rather than their positions. This means that instead of taking a hard stance on a particular issue, each party is encouraged to express their underlying interests, needs, and goals. By focusing on interests, the parties can work together to find creative solutions that meet everyone’s needs, rather than simply arguing over specific demands or positions. This approach can lead to more collaborative and productive conversations, as the parties are encouraged to think creatively and work towards a mutually beneficial outcome. It can also help reduce tension and conflict, as the parties are more likely to feel heard and understood. Ultimately, focusing on interests instead of positions can be a powerful tool for finding common ground and reaching a successful resolution in mediation.

Confidential: Mediation is a confidential process, which can help protect the privacy of the parties involved. Confidentiality is a key feature of the mediation process. In mediation, the discussions and negotiations that take place are considered confidential. This means that anything that is said or done during the mediation cannot be used in court or in any other legal proceeding. Additionally, the mediator is bound by confidentiality and cannot disclose any information shared during the mediation to anyone outside of the process, unless required to do so by law. Confidentiality in mediation is important because it allows the parties to be more open and honest in their discussions, without fear that what they say will be used against them later. It also creates an environment of trust and safety, which can help facilitate productive conversations and lead to more successful outcomes. Finally, confidentiality can help protect the privacy of the parties involved, which can be especially important in sensitive family law matters like divorce. Overall, confidentiality is a key component of the mediation process, helping to create a safe and productive environment for the parties to work through their issues and find a mutually agreeable solution.

Take Control: Mediation is “client lead” where the parties take an active role in determining their needs and goals, and the mediator works to support them in those goals. Mediation allows divorcing couples to work together to find mutually beneficial solutions, giving them more control over the outcome, rather than relying on a judge to make decisions for them. The mediator is a neutral third party who is trained to facilitate communication and help the parties find common ground. However, the mediator does not have decision-making power and cannot force either party to accept a particular outcome. Ultimately, the parties are in control of the process and have the final say in the agreed-upon terms of the divorce settlement. This can be a more empowering and collaborative process than traditional litigation, as it allows both parties to have a voice in the outcome and work towards a mutually beneficial resolution.

Preserve relationships: Mediation is a process that can be helpful in preserving relationships between parties going through a divorce, particularly when there are children involved. By collaborating and finding common ground, the couple can lay a foundation for a more positive post-divorce relationship. Mediation can help reduce conflict and encourage cooperation, which can be beneficial for maintaining healthy relationships. Don’t let your divorce be a long and painful process. Consider mediation, which can save you time, money, and stress.

If you are contemplating or even started going through the divorce process, consider mediation as a way to find peace and move forward in a positive direction. Don’t let your divorce be a long and painful process. Mediation can save time, money, and reduce stress, while also preserving your relationships and paving the way for a brighter tomorrow.