The benefits to mediation, as an alternative to litigation, are many. First and foremost, mediation helps prevent your family from being torn apart in the process of divorce.
Just because you and your spouse/partner have decided to divorce or separate doesn’t mean that you have to go to war, yet litigation, by its very nature, is designed to be an adversarial process. Once you hire divorce attorneys, you loose control of the process.
Mediation, on the other hand, is a process of peaceful communications, whereby you and your partner express what you want during facilitated meetings, listen to each other, and come to agreements. These agreements can be about parenting time, money, personal items, personal property, division of property, child care arrangements, and anything else that needs to be resolved. These agreements are written up as a "Memorandums of Understanding," and they’re filed with the courts as part of your divorce.
The benefits to mediation are both financial and emotional, including:
- The average cost of divorce mediation is $1,200-$5,000, including all filing fees, whereas the average cost of divorce litigation in the state of Colorado runs between $10,000-$20,000 for a low-conflict divorce.
- The average timeframe for divorce mediation, from the filing of court forms and the initial mediation consultation to finalization of the divorce runs three to six months, whereas a litigated divorce is typically drawn out for twelve to eighteen months.
- Divorce mediation is much easier than divorce litigation, because agreements can be reached quickly and simply, between you and your spouse, without having to go to court at every turn. There are less scheduling conflicts along the way, and no expensive delays.
- The outcomes in mediation are more predictable than in litigation. You know what you’re agreeing to, on every point, with every Memorandum of Understanding that’s drawn up. You’re not turning over your fate to the whims of a judge, hoping for the best.
- Throughout the entire process of divorce mediation, your thoughts, opinions, and views will be heard, and you’ll have time to express yourself during each negotiation.
- With divorce mediation, you’re able to make sound, well-thought-out decisions. Unlike litigation, you’ll never be asked to make a life-changing decision in just minutes, in the crowded halls of a courthouse, on one of the most stressful days of your life.
- Divorce mediation protects your privacy, allowing the settlement negotiations to remain between the two of you, with the help of the mediator.
- Divorce mediation is less stressful than litigation, which by its nature is combative. When children are involved, the importance of healthy, ongoing communications between you and your spouse becomes even more vital.
- During mediation, you set your own schedule for conferences and meetings, and you’re not forced to rely on open court dates and attorney availability.
- Mediation offers you the flexibility to try out of some the agreements you reach with your spouse, giving you the time and space to determine if they’ll work before you sign the final divorce agreement.
Why not try divorce mediation? If, for some reason, you and your spouse/partner can’t resolve your differences and come to the fair agreements you need through mediation, you always have the option of retaining an attorney and litigating your case.
For more information on the advantages of divorce mediation, please call (303) 591-8985, or e-mail info@mediateddissolutions.com.