What is Mediation - Facts, Myths, & Figures
Welcome to my guide on navigating the complexities of divorce. I understand that starting this process can be overwhelming, and there's often a maze of terms and procedures to understand. Here, I aim to shed light on the common terms you'll encounter and provide clarity amid the confusion. Divorce isn't just about legalities; it's about creating a new path for the future. Whether considering mediation or litigation, understanding these terms and their implications can empower you to make informed decisions during this challenging time. Let's unravel some of the complexities and uncertainties that often accompany divorce proceedings.
Mediation vs Litigated Divorces
Mediated Divorces:
A mediator is an impartial third party facilitating negotiations between both spouses to achieve mutual agreements and settle issues related to the marriage's dissolution outside the court.
All decisions are made by the spouses themselves, allowing them full control over the outcomes.
The mediator doesn't advocate for either party, focusing on helping both parties reach fair agreements that work for them and, if relevant, their children.
For mediated divorces, filing documents with the court often involves a one-time flat fee for a lawyer's services.
Litigated Divorce:
A lawyer represents one party, providing legal advice and advocating for their client's interests. This means that each spouse would need to hire a lawyer in a litigated divorce.
Lawyers engage in negotiations on behalf of their clients to resolve issues. If agreements can't be reached, the divorce proceeds through the court system.
If agreements can not be reach, the divorce will carry on through the family court system and a court date will be set. The outcomes of the case, including financial issues, custody, and assets and debts will be decided upon by a judge.
A lawyer-driven litigated divorce can be risky because there are no guarantees as to which side of any issue a judge is going to rule in court. This could lead to feeling dissatisfied with the outcome or rulings and cause continued conflict or resentments between you and your ex-spouse.
Additional Important Considerations:
Complex financial issues may require the assistance of specialized professionals, applicable in both mediated and litigated divorces.
Mediation fosters a non-adversarial environment, often beneficial for establishing a positive post-divorce relationship, especially when children are involved.
Mediation ensures privacy and confidentiality, unlike litigated divorces, which become public records.
Myths Dispelled
Fairness in divorce settlements doesn't necessarily equate to a 50/50 asset split unless mutually agreed upon during mediation.
The assumption that lawyers will secure the best deal varies, relying on the lawyer's quality and approach, and may not always result in a favorable outcome or improved communication post-divorce.
Financial Insights
The typical cost of a mediated divorce ranges between $7,000 to $10,000 depending on the complexities of your case.
Litigated divorces may cost each spouse between $20,000 to $32,000, escalating significantly if the case proceeds to trial, ranging from $78,000 to $200,000.
Mediated divorces generally conclude within 2-6 months, influenced in large part directed by the spouses and complexities of the case.
Lawyer-driven divorces may take 18 months to 3 years to complete, largely determined by legal procedures and complexities.
As you contemplate the path forward in your divorce journey, remember that knowledge is key. Making informed choices now can profoundly impact your future. Whether opting for mediation or litigation, understanding the differences between them is crucial. Mediation offers a cooperative and confidential setting, fostering positive foundations for the future, especially concerning children. On the other hand, litigation may involve uncertainties, increased costs, and a longer process through the court system. Ultimately, choosing the right approach for your situation is essential. I’m here to guide you through this process and help you move forward confidently into your new chapter.
For more information about specific laws in your state explore these posts!
