Why Divorce Mediation Is Often a Better than Court Trial
The whole divorce procedure can be long and traumatic to most people. Although there is no easy divorce process, a mediator can help both parties to come up with the best settlement in the most the convenient way. A divorce mediator acts as the neutral person between the petitioner and the other spouse. She or he encourages both spouses to discuss all sensitive matters and to make final decisions in a calm way.
Any type of lawsuit could go through a tough and very long court procedure in order deal with their issues and a divorce case is not exempt. However, with the help of a divorce mediator it would be much faster so that both parties can continue on with their own lives..
When a divorce is being dealt in a court of law, it is only being covered by the law. What the spouses’ best interests would not be taken into consideration because what the judges are more focus on is to fulfill what the law says that need to be followed. In mediation, spouses are being provided creative solutions that will fulfill their interest. Both parties are free to discuss all the important and so important matters and even the irrelevant things that spouses wanted to be tackled about.
Hiring a lawyer is very expensive because of their professional fee and this fee is continuous and recurring due to the hours the lawyer spending through your finances and in dealing with the other party’s attorney. On the other hand, mediation charges are much cheaper compare to what you will be paying for a lawyer’s legal service because aside from the cheaper cost itself per hour, it takes less time a mediation would spent for the whole settlement procedure. In general, it would cost you double to hire a lawyer compare to a divorce mediator.
In a lawsuit such as divorce, there two different lawyers handling each other party’s interest and in each and every interaction is essentially argument for both parties and this seems to be very disadvantageous compare to having a divorce mediator. Since a divorce mediator is the neutral third party between the two ex-spouses, their main goal is not to prove who side is right or wrong. Their goal is to find the best resolution or settlement for both parties. They are offering you a collaborative approach to case their handling.
Facing and providing facts in a court of law can be awkward and would cause embarrassment to the people involved. All happenings within your marriage that should or shouldn’t be discussed will be presented to all the people inside the courtroom; lawyers, witnesses, the judge and all other people witnessing the trial. In mediation, you can take advantage the divorce confidentiality because it is your options as to where the mediation will be taken place. It would only be you, your partner and the mediator are the only people present in mediation process.
Divorce can be very difficult to children of the involved ex-partners, however a positive relationship and good co-parenting will result a better childhood and good impact to their children. One of the good things that mediation can offer is the lesser arguments that could happen in mediation process and couples are being encouraged to work together for their children’s welfare.
Control over Final Settlement
Divorce mediation is far better than the whole court trial procedure because of the team-based approach it does in creating settlements for both parties where the ex-spouses could arrive to their best interests. Unlike a trial in court which only based on laws or covered by law, both spouses have control over the situation that gives them the opportunity to work together without the limitations of the law. This means that the final agreement of the spouses is only based on their own decision.