Divorce: What You Need To Know About Mediation BEFORE You Start The Process
- Alex Beattie
- Jan 22, 2024
- 2 min read
Updated: Feb 18
With the average cost of a problem-free divorce litigation topping out at $20k in the United States, being able to find alternative methods of divorce that are cost-effective is the goal for many people considering divorce. At The Divorce Planner, we embrace change and the idea that meaningful divorce prep and planning information should be easily accessible for everyone, regardless of their budget.
Divorce mediation not only offers a less expensive way to legally end your marriage, but it is also a more human way since it's a collaborative experience. And just because you and your spouse are not able to communicate well at this point doesn't mean that divorce mediation isn't possible for you.
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Mediation vs Litigation: What's the Difference?
In litigation, each party hires a lawyer to advocate for their interests in front of a judge. This process can be lengthy, adversarial, and costly.
On the other hand, mediation is a collaborative method where a neutral third party (the mediator) aids in settling disputes outside the courtroom. It is underpinned by the principles of compromise and agreement, making it less stressful, more cost-effective, and quicker to resolve.
Why Choose Mediation?
1. Cost
The financial impact of divorce cannot be underestimated. However, mediation often costs 40-60% less than typical litigation (per the American Arbitration Association). These savings not only spare you financial strife but also set you on a path for post-divorce financial health.
2. Control
During mediation, you and your ex-partner have the power to come up with solutions tailored to your unique situation. You're not leaving it in the hands of a judge, but working collectively to reach a mutually beneficial outcome. This control is especially noteworthy when dealing with issues like parenting plans or property division.
3. Confidentiality
Court proceedings are public record, whereas mediation is private and confidential.
4. Long-Term Relationships
The collaborative nature of mediation fosters respect and can contribute positively to long-term familial relationships. This factor is crucial when children are involved.
Remember, the decision to choose between mediation and litigation is yours. Consider your circumstances, financial situations, and emotional resilience. It is crucial to seek guidance from professionals skilled in both paths.
Check out this conversation I had recently with Chicago-based family law attorney and mediator Kimberly A. Cook, Esq. of Grown Girl Divorce.
Kimberly shared a wealth of insights into divorce mediation -- from how to select the right mediator, to what to expect from the process, and more!
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