Why Divorce Mediation Is Often Better than Court Trial

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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 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.

Resolved Faster

Any type of lawsuit could go through a tough, drawn out court procedure in order to 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 with their own lives.


When a divorce is being dealt with in a court of law, it is only being carried out by the law. The spouses’ best interests would not be taken into consideration because what the judges are more focused on is to fulfill what the law states. In mediation, spouses are being provided creative solutions that will fulfill both of their interests. The two parties are free to discuss all the important matters and even the irrelevant things that spouses wanted to be talked about.

More Affordable

Hiring a lawyer is very expensive because of their professional fees. This fee is continuous and recurring due to the hours the lawyer is spending negotiating and in dealing with the other party’s attorney. On the other hand, you save money with mediation compared to what you will be paying for a lawyer’s legal service. That is because aside from the cheaper cost itself per hour, it takes less time for a mediation to come to a settlement agreement. In general, it would cost you double to hire a lawyer compare to a divorce mediator.

More Convenient

In a lawsuit such as divorce, there two different lawyers handling each party’s interests and in each and every interaction there is essentially argument for both parties and this seems to be very disadvantageous compared 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.

Divorce Confidentiality

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.

Family Relationship

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 on 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.

All the reasons mentioned above are advantageous things that a divorce mediation can offer to you in dissolving your marriage. For couples the San Jose Bay Area,  https://www.santaclaradivorcemediation.com/ may be the ideal choice when they’re ready to go their separate ways. If you’re interested in learning more about how mediation works and why more people are choosing it every day, call the mediation experts at Santa Clara Divorce Mediation 408-499-5062.

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