Benefits of Divorce Mediation
There are many benefits of achieving an agreement through divorce or family law mediation versus the traditional court litigation process.Mediation is Child Focused
Divorce is difficult for everyone, but especially for children who don’t understand what is happening and why their family structure is changing. Children may worry about what will happen in the future and where they will live. The traditional litigation process can become very adversarial and children sense when their parents are stressed no matter how hard parents try to conceal their concerns.
In mediation, you can focus on the children and their welfare. While you may not see eye to eye on matters involving yourselves, you can agree that the welfare of your children is important. You may be parenting together for some time after the divorce, so it is important to make the best plan possible for the children. As parents, though you have decided not to stay together, you know what is best for your children.Mediation Avoids the Adversarial Court System
The traditional litigation path often poses two attorneys against each other and does not foster cooperation. A mediator, on the other hand, wants to assist you in resolving your issues in the way that works best for you and your children. The focus in mediation is on respect and mutual problem-solving while setting aside any anger or resentment between the parties. A mediator can help you focus on the future and problem solving rather than on past disagreements.Mediation is Faster
The wheels of civil justice can turn slowly. Courts are overburdened and want parties to resolve their own issues. The fastest way through the court system is to submit a co-signed separation agreement and parenting plan that the Court can review and issue as an order. The slowest method through the court system is to ask the court to review evidence to make important decisions for you. Why not move on with your life sooner rather than later? You are in control of the mediation process and set the pace. On the other hand, the court is in charge of the litigation process and sets the pace.Mediation is More Cost-Effective
Mediation is less expensive than litigation. In litigation, each spouse has an upfront retainer payment on average between 5000 – 7500 in Colorado. In mediation, you can frequently pay as you go. Because the mediation focus is on problem-solving and agreement instead of each side trying to obtain the most that they can from the other, resolution can be reached more constructively and quickly. The less time, the less cost. Do you want to put your kids through college or your attorney’s kids? Some lawyers even actively foster anger and aggression in their clients. The more conflict, the more profit.Mediation is Empowering for Both Parties
With mediation, you are in control of the content and the pace. You don’t have to wait for attorneys to communicate with each other and then respond to you. If you choose to have independent legal representation, the attorneys can work at your mediation pace. You can obtain your goals and priorities and have positive feelings about the resulting agreement that you crafted yourselves with the assistance of a mediator.Mediation Has a Higher Rate of Agreement Compliance
Parents are more likely to follow agreements that they created. Post-decree enforcement and contempt proceedings are not unusual and are more likely when courts decide important financial and parenting arrangements for you. When a court decides these important issues, it is not unusual for both parties to feel like the result is unfair.
Are you looking for a divorce and family mediator who understands the value of reaching mutual agreement over the contested litigation process? At Janko Family Law, we understand how to assist families in difficult times. Give us a call for a complimentary case assessment.