Benefits of Mediation Over Court in Divorce Proceedings

Divorces are increasing in rate, and they are clogging the family courts. In some jurisdictions, there is an increase of 14 percent of cases in family law. In others, such as one New  York City divorce attorney firm, consultations are up 48 percent. These are trends being seen all over the world, particularly also in China, Sweden, and Britain.

There are ways to get a divorce today without worrying about the clogged family courts. Boulder mediation divorce attorneys and others across the nation are suggesting that there are benefits to mediation over divorce court. The primary benefit for all parties is less stress, because you try to handle the problem as amicably as possible.

Learn more about the benefits of mediation in divorce here.

Lower Legal Costs

In every legal proceeding or matter, there are costs. That is the case whether you are just having a letter written to end something, or if you are undergoing a major relationship crisis and have assets and child custody matters in dispute. Mediation is no different, but the costs are lower.

The point of mediation is to resolve the differences as amicably as possible. Most divorces and family matters don’t need a judge to make the decisions for the family. When you get to the point where that is happening, the costs are higher. A judge will sign off on a final order decided on in mediation in most cases, but you will avoid court time, which is an expensive component of divorce legal costs.

You can still get a lawyer for mediation, and it is recommended. However, their costs and fees will be much lower. Mediation will function as a back and forth of negotiations where both parties must concede on some points to avoid a significant legal process.

Greater Flexibility

Again, there is more flexibility with mediation than there is with other legal avenues for divorce. Here you have the ball on your court more than you do when you bring the court in to weigh in on your life.

You have more flexibility in scheduling your mediation dates, and more in what happens in the process. You also have to be a flexible person, or, the case could go to the courts very quickly. With this flexibility comes a faster process. You won’t be relying on waiting for the next conference, motion, or court date.

More Privacy

Divorce is a public matter. Each record becomes a public matter. This is not a situation that is going to take place privately. Depending on your jurisdiction, you may even have a hearing in front of a full gallery of people.

Even when you don’t, the most intimate details of your life are discussed in front of a judge, stenographers, clerks, bailiffs, and lawyers, just to start. Yes, they have heard it all before and worse, but you still won’t like it.

Mediation is a more private way of getting divorced, and a key reason why so many people try to go that route. Most mediation sessions occur in a location that is okay with both parties. Nobody will ever know what happened there. There will be a final order the judge will sign off on, but that will be your only public record if your matter stays in mediation. This is the case whether you are using Boulder mediation divorce specialists or mediators elsewhere in the country.

Consider Mediation

This is just the starting point of the many benefits of mediation. When divorce is happening to you, consider this as a less stressful and more affordable way of managing this life change.