What is Mediation?
When considering a divorce, mediation is definitely the way to begin. Your marriage didn't begin with a fight in court and it shouldn't end there. Mediation, also known as "Alternative Dispute Resolution," is a process where the divorcing couple meets with a trained mediator to determine the critical decisions needed in a divorce in a non-adversarial environment. Asset Allocation, Parenting plan, child support, and alimony are all decisions that you should be able to make rather than giving those decisions to the court to make for you.
Is Mediation better than Litigation?
YES! There are several reason why Mediation is the preferred method for divorcing couples over litigation. Here are just a few.
1. Mediation will save you a lot of money. In a traditional litigation, you BOTH have to hire an attorney. In the Metro Atlanta area this usually requires giving the attorney a 3,500 dollar retainer just to get started. That means that if you share a checking account, you have just written 7,000 dollars in checks to begin the legal process. There will also be court costs involved before things are over which explains why the average divorce is between 25,000 to 35,000 dollars in legal fees and courts fees alone. The average mediation expenses are 3,500-5,000 dollars.
2. Mediation provides confidentiality, no public disclosure is necessary. "Disclosure" is where each attorney tells the court personal details concerning the divorcing couple. This can get painfully personal and the last thing we want is for our private lives to be discussed in a public setting. Mediation retains privacy and is a confidential process between the couple and the mediator.
3. You do not have to appear in court. The decisions are made between the mediator and the divorcing couple in private. The documents are drafted and submitted to the court on your behalf and in most all cases, you never have to make an appearance in court. This can save you valuable time.
4. You retain decision making power. Mediation is based on the couple coming to written agreement concerning the matters of their divorce. You have the ability to agree or disagree with the terms discussed. You can also walk away from the mediation process at any time you wish and proceed with litigation. In litigation however, the judge makes all the decisions concerning your future finances, parenting plan, etc. Sometimes this favors one party over the other and it is not as predictable as you may think. If you do not like the decision the judge has made then you are able to appeal but this can drag a divorce out over a costly number of months or years.
5. Many judges prefer mediation. Think about it this way. Most judges have more work load than they can keep up with. If they can refer a couple to mediation with the likely hood of resolution, they will. This reduces the court load and 70% of all divorce court cases referred to mediation, settle in mediation. It is not uncommon to spend a lot of time and money on legal fees only to get to court and have a judge order the couple to try mediation. All that time and money spent was wasted when mediation could have been the first steps taken.