How is Mediation Different Than Going to Court?
What is Mediation?
Mediation is a conflict resolution process that brings in a neutral third party, the mediator, to facilitate the communication between the parties in an effort to help them resolve their differences and reach a mutual agreement.
Litigation in a Dissolution of Marriage
- This the expected way to handle a Dissolution of Marriage - each Party hires an attorney who argues with the other attorney over every legal issue related to the Family Law matter;
- The Parties give away their power to control the outcomes of the case because the decisions are made by a Judge. The Parties rarely have the opportunity to speak directly to the Judge except when testifying. There is no time to listen or to express their feelings behind this very important Family matter.
- Litigation in this context is often very confrontational, stressful, and expensive. It takes place in a very public forum and can take months and sometimes years to resolve.
Mediation in a Dissolution of Marriage
- It is private and confidential. It takes place away from the very public arena of the courtroom.
- Mediation allows the Parties to be creative and flexible about the decisions they make regarding property division and most importantly, the co-parenting plan for the benefit of any children involved.
- The Mediation process fosters communication and cooperation between the Parties so that they can continue to communicate should there be children involved.
- With Mediation, there is a high degree of long-term success as the Parties have crafted their own decisions resulting in an agreement that works best for them and their children.
