Divorce is often contentious and expensive, but it doesn’t have to be. The courtroom battles associated with traditional divorce litigation can be entirely avoided by spouses who choose alternative dispute resolution methods. Specifically, mediation offers an alternative method to resolve divorce disputes that is more amicable and less expensive than litigation. In this blog, we’ll explore the many benefits of choosing mediation over litigation for divorce.
What is Mediation?
Mediation is a voluntary process in which a neutral third party, called a mediator, helps couples negotiate and resolve conflicts. Unlike a judge in a courtroom, a mediator doesn’t make decisions but facilitates communication between the parties and helps them understand each other’s perspectives. The mediator establishes firm ground rules and a comfortable environment to discuss emotionally charged issues. The divorce mediator provides legal information to help couples develop unique solutions for their divorce issues.
Advantages of Mediation over Litigation
- Cost-Effectiveness: Mediation typically costs significantly less than litigation. In litigation, each party must provide their respective attorney with an initial retainer ranging from $5,000 to $20,000. That retainer is continuously used up and replenished throughout the litigation process. Connecticut's average cost for a litigated divorce is approximately $30,000 per person. In mediation, there is only one attorney mediator, and both parties typically share the mediator’s fees equally. The total cost of mediation for both parties is often equal to or less than that of a single party’s litigation retainer. Since mediation avoids the need for multiple court appearances during the divorce process, there are fewer court-related expenses than litigation.
- Time Efficiency: Mediated divorces are typically resolved more quickly than litigated divorces. This is because the parties control the process and are committed to working together to achieve the common goal of settlement. Parties motivated to divorce quickly can produce their financial disclosures promptly and can schedule longer, more frequent mediation sessions to resolve their issues more quickly. Unlike the court dates in litigation, mediation sessions are scheduled according to the parties’ convenience.
- Privacy and Confidentiality: Mediation sessions are private, and everything discussed is kept confidential. Any issues that arise during the divorce, like disputes over temporary child or spousal support, are negotiated and resolved in private. This is unlike litigation, where issues during a divorce are typically resolved by filing motions with the court and having a public hearing on the matter. Mediation allows parties to keep their private matters out of the public eye and off the court record.
- Emotional Well-Being:Â Mediation is less adversarial and contentious than litigation. Though divorce is always emotionally challenging, the collaborative nature of mediation minimizes the emotional stress for both parties.
- Better Communication and Cooperation:Â Mediation encourages an open dialogue between the parties. The mediator demands that parties be respectful and listen to one another. The mediator facilitates communication between the parties and helps them to appreciate and understand the other's point of view. Mediation can help maintain an amicable relationship between the parties, which is essential for successful co-parenting.
- Customized Solutions:Â Mediation allows for personalized solutions that meet the parties' unique circumstances. A divorce mediator often helps spouses formulate a more creative solution than the court could offer. When parenting agreements and financial distribution plans are crafted by the parties themselves, there is a better chance of meeting the needs of the entire family and for long-term parental cooperation.
Find Out if Mediation is Right for You
At the Connecticut Divorce Mediation Team, we believe in finding the best solution for our clients. That’s why we offer mediation as an alternative to a litigated court battle. Our mediation process is designed to help divorcing couples reach an agreement that works for both parties. Our divorce mediators are well-versed in divorce law and are trained to facilitate productive conversations and help couples reach an amicable resolution.
The Connecticut Divorce Mediation Team offers highly experienced and knowledgeable Mediators and financial and mental health professionals. Contact us today for a consultation.  Our offices are located in Fairfield, New Haven, New London, and Hartford Counties.  To schedule a consultation, contact us or visit us at www.connecticutdivorcemediation.com.
