Mediation is an efficient method of resolving divorce cases that often leaves the parties happier with the outcome than they would have been through traditional mediation. Jennifer Rench, an experienced St. Louis divorce attorney, and mediator knows how to work with couples to come up with solutions that are right for their families. Call (314) 328-5423 today to schedule your free consultation.
Here is just ten of the many reasons why mediation can be better than litigating a divorce case:
1) It’s faster
When a divorce case goes to trial, it must get on the court’s “waiting list.” Many family courts are notoriously backlogged. This can result in delays of months – or even years. Mediated cases can be resolved almost as soon as the parties have reached an agreement. Once mediation is complete, the agreements need only be written and submitted to a judge for approval. Studies have consistently found that mediated divorces are resolved more quickly than divorce cases that go to trial.
2) It’s cheaper
When a divorce case goes to trial, each spouse is paying an attorney for months of work. A mediation, on the other hand, can often be resolved without any attorneys at all. If the parties do choose to use attorneys – as they typically should – the costs are generally much lower than in litigation, because the process is shorter and there is less attorney work involved. Studies have also found that mediation is consistently cheaper than litigating a divorce through to trial.
3) It’s usually easier on the children
At trial, custody issues usually devolve into one parent trying to convince the judge that the other is a “bad parent.” The focus becomes putting down the other parent when it should be on rebuilding the family. Mediation keeps the focus where it should be – on creating solutions that are right for your children. There is no chance that your children will have to meet with an evaluator, or testify in court, or be subjected to other painful experiences that are often necessary in litigation.
Of course, mediation is not always best for the children. If one parent is abusive, the other parent may need to go to court to prove this and protect the children from the abusive parent. But absent these and other extreme circumstances, mediation is often better for the children.
4) It keeps you out of the painful litigation process
Litigation brings up a lot of bad feelings. Rather than starting to rebuild their lives, spouses must painfully recall the minute details of a painful marriage. Many divorcees are not aware of the emotional toll that the litigation process will take.
5) It forces both of you to focus on working together instead of “winning”
As discussed, mediation forces spouses to focus on working together, rather than simply winning at the other’s expense. This is an important start – especially for parents who must find a way to work together for the sake of their children after a divorce is final.
6) It sets a precedent for working together with your former spouse
Even couples without children will often find that they are forced to work together after a divorce is final. Families and friends are common to both. Sometimes there is a family business to run or other financial matters to resolve. With the precedent of a successful mediation, former spouses will have proof that they can work together, and a guide for how to do so in the future.
7) You are in control of the outcome
The outcome of a trial is never guaranteed. No case is ever a “slam dunk,” and a judge will almost never give one spouse everything he or she wants. At mediation, you know what you will be getting. This is an important step toward retaking control of your new, post-divorce life.
8) You can have legal protection at every step of the process
If you choose, you can have your own lawyer with you at all stages of mediation. He or she will be able to advise you if your legal rights are ever in jeopardy. This reassurance will allow you to go into mediation with an open mind.
9) Mediation has higher rates of compliance
A divorce results in court orders that must be followed. Research has found that litigants who participate in creating their own settlement agreements are more likely to comply with these orders in the future. Noncompliance can force a divorcee to invest time, money, and emotion in dragging the former spouse back to court.
10) Mediation results in agreements that are tailored to your needs
No two families are the same. Each family has different needs, and it is important for divorce agreements to address the particular needs of a specific family. Mediated settlements do this more effectively than orders created by a judge.
Call Our Office Today to Schedule a Free Case Evaluation with a St. Louis Divorce Mediation Lawyer
Attorney Jennifer Rench is an experienced divorce mediator who is personally committed to resolving every divorce case is the most civil and efficient manner possible. To schedule a free consultation with Ms. Rench, call our office today at (314) 207-0641 or contact us online.