The Three Cs of Divorce Mediation

The Three Cs of Divorce Mediation

Frequently, divorcing couples agree on broad issues, but they disagree on the specifics. In these situations, a professional mediator often helps bickering spouses and their attorneys find a middle ground. That is especially true if both parties are eager to avoid a court fight. Since these ingredients are often present, it is not surprising that family law mediation is about 80% successful in most jurisdictions.

Generally, the mediator hears brief opening arguments from each Rolling Meadows divorce lawyer. Then, each side retires to separate waiting areas. The mediator conveys settlement offers and counter-offers back and forth until the parties (hopefully) reach an agreement. Mediation is also a good option in pre-filing modification cases. If the parties present an agreed order, most judges approve it without holding a full hearing.

Cost

When potential clients ask about the cost of a divorce, the only honest answer is, “it will cost more than you think.” Lawyers who offer other answers are usually either inexperienced or telling the client what they think the client wants to hear.

Divorce is expensive, and mediation is less expensive. Mediation often reduces litigation time by at least several months, and in most civil cases, time is literally money. Additionally, it takes less time to prepare for a one-day mediation than a full trial.

The cost savings are not just financial. Divorce also has an emotional price tag. The sooner the case is over, the sooner divorce-related stress dissipates and parents can get back to living life.

In many cases, the cost savings alone would justify giving mediation a chance, but there are still two Cs to go. Both of them might benefit your family more than cost savings.

Civility

Marriage dissolution trials are public. Both spouses must air their “dirty laundry” for everyone to see. Family law mediation, on the other hand, is completely confidential. There is no court reporter, no one in the gallery, and no jury.

Additionally, mediation’s structure is much more civil than a divorce trial. Since the parties spend most of their time in separate rooms, there is no emotional confrontation. Such climactic showdowns might provide some immediate closure, but they often cause long-term damage, especially to young children.

Mediation’s civility has another aspect as well. In many cases, mediation is empowering. Spouses reason that if they can talk about their problems once, they can do so again. This aspect is also a factor in the final C, which is. . .

Control

Many people have issues with authority. It is difficult to accept a divorce order that a judge delivered when that judge knew little or nothing about the family.

During mediation, there is no judge. The third-party mediator, who is usually an unaffiliated Rolling Meadows divorce lawyer, plays only a limited role. So, the marriage dissolution litigants feel like they have more control over the outcome. That feeling of control usually means increased voluntary compliance. As a result, there are fewer motions to enforce and motions to modify.

Reach Out to an Assertive Lawyer

Family law mediation usually works, and it is almost always at least worth a try. For a free consultation with an experienced Rolling Meadows divorce attorney, contact the Andrea Heckman Law Convenient payment plans are available.