Divorce Mediation vs. Traditional Divorce

No divorce process is completely stress-free, but choosing mediation to resolve your case could save you time, stress, and money. Although divorce mediation is not as common as traditional divorce litigation, there are many advantages to choosing divorce mediation that can benefit you, your spouse, and your children.

What is mediation and how is it different from a typical divorce through the court system?

Mediated divorce is the most cost-effective way to manage divorce proceedings. The divorcing couple meets with a mediator: a third party acts as an intermediary to resolve difficult custody, property, and financial issues. Through mediation, the couple has the opportunity to decide the final terms and outcomes of the divorce in a peaceful way that benefits both parties. In many cases, it is best to choose a mediator who is experienced in family law and can make sure all legal issues are resolved, so an attorney who specializes in mediation is a logical choice.

Benefits of Divorce Mediation:
• Divorce mediation is significantly less expensive than going through an ugly, messy hearing with a judge.
• Allows you to work on your schedule instead of being forced to work city time with scheduled hearings.
• Gives both parties more flexibility because they can honestly discuss the terms of their parenting plan to make sure their children are well cared for.
• It is more humane and peaceful because mediation sessions are usually held in a conference room rather than in a courtroom with several people around.
• Mediation is confidential and discussions at divorce mediation do not become part of the public record.
• We help couples develop a communication plan that allows them to communicate effectively after divorce if children are involved.

The most significant difference, however, is that mediated divorces are not subject to arbitration. You and your estranged spouse make the final agreement, and are not bound by your word or by a similar judge or arbitrator. Mediation is the method that helps you create the ideal post-divorce scenario for your family.

What is the difference in cost?

Traditional divorce procedures involve litigation and court proceedings. Some more complex cases go to full trial. Traditional divorce takes more time and can be significantly more expensive. A simple mediation costs as little as $10,000 and can increase depending on your assets and the number of children involved. Meanwhile, traditional divorces, complete with court fees, retainers, motions, and discoveries, can cost up to $40,000 just for basic litigation and uncontested judgments. For many couples, mediation is sufficient for the needs of the family. To understand how divorce mediation works and if it is a good option for you and your spouse, call Peace-Talks Mediation at (310) 301-2100.

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